IT IS A FORUM TOWARDS PROTECTING THE CIVIL , HUMAN RIGHTS OF THE OPPRESSED - DALITS , MINORITIES & TRIBALS.The Criminal - Police - Politician - Judge - Criminals Nexus is trying to silence me in many ways. If anything untoward happens to me or to my dependents CHIEF JUSTICE OF INDIA together with jurisdictional police & District Magistrate will be responsible for it.
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Wednesday, October 28, 2015

CJI - a Criminal ?

S.O.Se - ClarionOf Dalit - WeeklyNewspaperOn Web

Working For The Rights & Survival Of TheOppressed

Editor: NAGARAJA.M.R…VOL.9 issue.44…… .04/11/2015

PIL - CJI a Criminal ?

Case of Fence eating the crops ? Guard himself stealing ? Accountability of Judges a MUST

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2015

IN THE MATTER OF

NAGARAJA . M.R ,

editor , SOS e Clarion of Dalit & SOS e Voice for Justice ,

# LIG 2 , No 761 , HUDCO First Stage , Laxmikantanagar ,

Hebbal , Mysore – 570017 , Karnataka State

.....Petitioner

Versus

Honourable Chief Justice of India & Others

....Respondents

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF

MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

To ,

Hon'ble The Chief Justice of India and His Lordship's Companion

Justices of the Supreme Court of India. The Humble petition of the Petitioner above named.

MOST RESPECTFULLY SHOWETH :

1. Facts of the case:

Our whole hearted respects to honest few in judiciary , parliament & public service. Our salutes to them , due to honest efforts of those few noble persons only at least democracy is surviving in India.A . "Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt people’s representatives , police , public servants & Judges. Some of the below mentioned judges fall among the category of churchill’s men – Rogues , Rascals & Freebooters.

B . As per the preamble of the constitution of India all the people , all Indian citizens are equal in every respect , equally entitled to justice , equally responsible to uphold constitution . Only People , Citizens of India are supreme No Judges , No Ministers , etc are supreme. Judges , ministers , president etc are all public servants constitutionally mandated to SERVE the public , NOT to master over them. Even after 69 years of independence these judges , ministers have not come out of colonial hangover instead become worse treating general public as their servants.

C . Every institution in india is directly or indirectly accountable to people , however judiciary alone is not transparent not giving accounts of it’s actions to people.

D . Judges enjoy 5 star pay & perks , making merry at the cost of people’s money , public exchequer , but are not giving accounts of their actions to people , not transparent to the public eye. They are not even honouring RTI applications seeking information about actions of judges , because corrupt judges will be caught red handed.

E . Judges are not super humans nor super brains nor from moon or mars , they are ordinary mortals from the society around us and just like us capable of doing good work as well falling prey to human lures like bribe , corruption , favoritism , etc.

F. Judges think they are sole custodians of constitution of india , in fact every citizen of india is a custodian of constitution of india.

G . Collegium of judges is nothing but a coterie , a MAFIA proof - unfit corrupt persons like dinakaran , another judge involved in mysore roost resort sex scandal being selected by SCI collegium promoted to the apex court. It is just the tip of iceberg , behind the judicial veil of secrecy many corrupt judges are hiding. Hereby , I challenge Honourable supreme court of india that subject to conditions I will bring to book corrupt judges who are hiding behind the veil. Are you ready ?

H . When compared to some corrupt judges who are nothing but criminals , a drain , parasites on our public exchequer , society , the child workers who are hard working earning less than rupees 32 a day are far better , great human beings.

I . Ofcourse when the court identifies that intentions of an act of parliament as unconstitutional , it has the right to strike it down to uphold the supremacy of constitution. NJAC Act passed by parliament was in fact filling a legal vaccum about accountability & selection of judges and in turn strengthening the constitution of india. But by striking down NJAC Act of government of india , supreme court of india is weakening constitution of india , making contempt of parliament , constitution & all Indian citizens. If at all supreme court was really sincere it could have suggested more alternatives for transparent , accountable judiciary with appropriate transparent provisions for guarding judicial independence.

J . When government of india passed unconstitutional acts like land acquisition bill , special status to Kashmir , against uniform civil code promoted unequal differing civil laws for various religion people and Bhopal gas victims act , nuclear energy act , etc , did it not dawn on supreme court of india that it is the sole custodian of constitution ? then why not SCI strike down those unconstitutional parliamentary acts ?

K . It is the duty of Supreme Court of India to Protect , Guard the constitutional rights of every Indian citizens . Since 25 years I am appealing to SCI about issues concerning public welfare , national security , etc and as a result suffering injustices , my constitutional rights , human rights are repeatedly violated but SCI is mum even when repeated appeals were made to it. Paradoxically , after these appeals for justice , I have suffered more injustices , attempts on my life were made , physically assaulted , livelihood / jobs were denied , news publication closed , press accreditation denied , received threatening calls , blank calls, even to date rough elements follow us , rough elements scout near home at mid night. Does not these indicate some ties between rough elements & SCI Judges ?

L . Eventhough the information is readily available with SCI , information was denied citing unavailability. If at all information is not truly available , why didn’t the CPIO TRANSFER rti application to concerned departments of SCI , Ministry of Law , Justice , Respective High Courts , etc.

M . Does not court administarative officer posess SERVICE REECORDS of each employee including judges. If not on what basis they give promotions , transfers , salary , etc to judges ? The person who posess SR can give infor mation about guilty judges. Why CPIO not asking that person to share infor mation ?

N . If a commonman is alleged of a petty crime he is immediately arrested , put behind bars. Police spend thousands of rupees for investigation to prosecute that petty criminal. Judges spend hours to hear that case & prepare judgements running into tens of pages sometimes even over & above thousand pages. Fine . When the very same police & judge themselves committ grave crimes detrimental to national security , integrity , etc , no arrests , no prosecution only cover-up , WHY ? Are Judges & Police above Law ? Is Judge’s MAFIA at play ?

O . The action of CPIO SCI amounts to cover up of judges & their crimes. Thereby , CPIO is also committing a crime. With respect to previous RTI Appeals also CPIO & RTI First Appellate Authority SCI have repeatedly committed crimes by covering up judges & their crimes. Billions of indians are barely sustaining on a single piece meal a day , we lower middle class people toiling hard to earn a few hundreds of rupees but still paying tax. Is it not shame to them / shame to JUDGEs that they draw pay & perks amounting to lakhs of rupees from our money , from taxes paid by us still not do their constitutional duties properly.

P . When a Judge Himself Commits Crime , When a POLICE Himself robs , Murders ….

The public servants & the government must be role models in law abiding acts , for others to emulate & follow. if a student makes a mistake it is excusable & can be corrected by the teacher. if the teacher himself makes a mistake , all his students will do the same mistake. if a thief steals , he can be caught , legally punished & reformed . if a police himself commits crime , many thieves go scot-free under his patronage. even if a police , public servant commits a crime , he can be legally prosecuted & justice can be sought by the aggrieved.

just think , if a judge himself that too apex court of the land itself commits crime - violations of RTI Act , constitutional rights & human rights of public and obstructs the public from performing their constitutional fundamental duties , what happens ?

it gives a booster dose to the rich & mighty , those in power , criminals in public service to commit more crimes. that is exactly what is happening in india. the educated public must raise to the occasion & peacefully , democratically must oppose this criminalization of judiciary , public service. then alone , we can build a RAM RAJYA OF MAHATMA GANDHI'S DREAM.

I have shown in the following attachment how justice is bought , purchased , manipulated in INDIA with actual cases. Just see the recent examples of supreme court judges involved in sexual assault case & ROOST Resort Mysore Sex scandal involving judges , if any ordinary fellow had committed the same crimes he would have been hauled over the coal fire. Just take another recent example of Prisoner Movie actor sanjay dutt , TADA provisions were diluted by the judge to favour him and now he is getting parole week after week while the ordinary convicts never get a single parole throught their sentence. What Brilliant Judges , what brilliant police sirji.

GIVE WHAT ACTION HAS BEEN TAKEN AGAINST THE GUILTY JUDGES MENTIONED IN THE BELOW MENTIONED WEB SITES & FOLLOWING ARTICLES.

We salute honest few in public service , Judiciary , police , parliament & state legislative assemblies. our whole hearted respects to them. HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS – WHICH IN ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT BY ME. HERE WITH I AM SEEKING NOT THE OPINIONS ABOUT SOME HYPOTHETICAL ISSUES , BUT YOUR OFFICIAL STAND , LEGAL STAND ON ISSUES WHICH ARE OF FREQUENT OCCURRENCE WHICH ARE VIOLATING PEOPLE’S FUNDAMENTAL RIGHTS & HUMAN RIGHTS. WE DO HAVE HIGHEST RESPECTS FOR JUDICIARY & ALL PUBLIC INSTITUTIONS , THIS IS AN APPEAL FOR TRUTH , INFORMATION SO THAT TO APPREHEND CORRUPT FEW IN PUBLIC SERVICE, WHO ARE AIDING & ABETTING TERRORISM , UNDERWORLD & CRIMINALS. I HAVE SHOWN IN DETAIL WITH LIVE , ACTUAL CASES , EXAMPLES , HOW INDIAN LEGAL SYSTEM IS MANIPULATED BY CRIMINALS WITHIN JUDICIARY , POLICE , PROSECUTION , ETC. READ DETAILS AT :

Hereby , we do request CPIO O/O Honourable Chief Justice of India , Supreme Court of India , New Delhi to answer the following questions in public interest , for safeguarding national security , National unity & integrity & to legally apprehend anti-nationals , criminals within the judiciary & police. Judges are not superior human beings , some of them have even became judges through devious means other than merit , integrity. Judges are public servants drawing salary & perks from public exchequer and accountable to public as any other common man is.

We salute our freedom fighters , military personnel & martyrs for all the sacrifices made by them. Let us build a strong , Secular , Democratic India by getting rid off few corrupt elements , anti nationals , traitors among public servants , among judiciary & among police who are greater threat to India’s unity & integrity than Pakistani terrorists or chinese military.

Information input forms part of process of one’s expression. One’s expression in any forms – written , oral , etc becomes information input to the opposite person , in turn he expresses his reply. Information & Expression are inseparable parts & form lifeline of a democracy. That is the reason , Right to Expression is the basic fundamental right as well as human right of every Indian citizen. When a person’s right to expression is violated , his other rights to equality , justice , etc also are violated. Suppression of Information amounts to curbing of Expression.

In a democracy , people have a right to know how the public servants are functioning. However till date public servants are hiding behind the veil of Officials Secrets Act (which is of british vintage created by british to suppress native indians). By this cover-up public servants are hiding their own corruption , crimes , mismanagement , failures , etc. even RTI Act is not being followed intoto by public servants. However the recent delhi high court ruling affirming that CJI is under RTI purview & bound to answer RTI request , is noteworthy.

Our previous RTI request to CJI , union home secretary of GOI, President of India , DG & IGP of GOK and others were not honored. The information I sought were answers to the following questions mentioned in the below mentioned websites . the questions concerned the past , present continuing injustices meted out to millions of Indian citizens , due to wrong / illegal work practices of Indian judges , police & public servants . The information we sought would expose the traitors , anti-nationals , criminals in public service. The information we are seeking are no defense secrets , no national secrets. The truthful information exposes the anti-nationals , traitors in the public service & strengthens our national security , national unity & integrity.

Hereby , i do request the honourable supreme court of india , for a Supreme Court monitored CBI Enquiry into this whole issue as karnataka police are helpless , they don't have legal powers to prosecute high & mighty , constitutional functionaries. They have not even enquired the guilty VVIPs even once however Under pressure from higher-ups they repeatedly called me the complainant to police station took statements from me all for closing the files.

Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.

The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none of them were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , commonmen & see how careless our judges are towards anti national crimes , crimes worth crores of rupees.

That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.

PRAYER:

In the above premises, it is prayed that this Hon'ble Court may be pleased:

(i) Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.

(ii) Hereby , I do request the honourble supreme court of india to make public all the proceedings of supreme court collegiums and correspondence between SCI , President’s office & government of india regarding selection of judges. To make public all the eligibility criteria followed for selection of judges and who filled what criteria , who didn’t fill which criteria and the final ranking.

(iii) Hereby , I do request the honourble supreme court of india to uphold the constitution of india and to protect the constitutional rights of all Indian citizens including mine.

(iv) Hereby , I do request the honourble supreme court of india to uphold the constitution of india , to protect the constitutional rights , human rights of all Indian citizens including mine and to enable , facilitate all Indian citizens to perform their Fundamental Duties as per constitution.

(v) to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

Despite serious allegations levied against Chief Justice of India, H.L. Dattu by Justice Markandey Katju, no probe or investigation has been initiated regarding the same.

On his personal blog, Markandey Katju had written that he had documents claiming H.L. Dattu’s misuse of his judicial position. The documents, he claimed, contained how Dattu had amassed large amount of property near Bangalore under his wife’s name.

“There are a large number of plots in or near Bangalore purchased in the name of Justice Dattu’s wife Gayathri. Photocopies of the sale deeds by which they were purchased are in the dossier. These sale deeds mention the name of Justice Dattu’s wife Gayathri, but interestingly enough describe her as daughter of Guravayoor ( probably her father’s name ), and not wife of Justice Dattu. This is strange, since the plots were purchased long after her marriage. Was this done to conceal these transactions?” he wrote on Satyam Bruyat.

Markandey Katju claimed that the land was bought by H.L. Dattu in violation of property law that disqualifies a person with family income of over Rs. 2 lacs per year, from buying land in the rural areas of Karnataka.

He also wrote that Dattu had been allotted a plot of land in Bangalore, however “under the relevant scheme such plots could only be allotted to an employee of the Karnataka High Court. A High Court Judge is not an employee ( he holds a Constitutional post, and is no one’s employee).”

“One plot of land in Bangalore was allotted to Justice Dattu under a scheme which had a term that a person already having a plot of land in Bangalore could not be allotted a plot. Justice Dattu already had plots in Bamgalore(sic), either in his own name or in his wife or children’s name at that time. He has also built a palatial house in Bangalore, allegedly on 1200 sq.m. land. Possibly that house itself would be worth Rs 50 crore or more.” Katju further added.

Markendey Katju made the allegations based on a dossier that he received containing proof of property amassed by H.L. Dattu before he was appointed the Chief Justice of India.

Eight former chief justices corrupt, says ex-law minister

In a move that could seriously dent the image of the country’s top judiciary, former law minister Shanti Bhushan has submitted a list of corrupt chief justices (CJ) of theSupreme Court before one of the court’s benches. He identified eight CJs as ‘definitely corrupt’ and six as ‘definitely honest’.

No clear conclusion could be drawn on two others, his submission says. Bhushan’s list of eight allegedly corrupt judges was given to the bench in a sealed envelope.

“Things have changed drastically during the last two to three decades. Corruption in the Indian judiciary has been growing so much that even a sitting CJ had to openly admit that 20% of the judges could be corrupt,’’ Bhushan said. He said there was a time when it was “almost impossible to even think that a judge of a high court or the Supreme Court could be corrupt”.

Bhushan, who sought to implead himself in a case involving his son Prashant, a noted lawyer, said he would consider it a “great honour to spend time in jail’’ for making an effort to get for the people of India an “honest and clean judiciary’’.

“While they were in office, two former CJs had personally told me that their immediate predecessor and immediate successor were corrupt judges,’’ Bhushan said.

Prashant Bhushan is facing contempt proceedings for saying that chief justice SH Kapadiacommitted a judicial impropriety by being on the forest bench that heard the case of Sterlite Industries, a subsidiary of Vedanta. He made this statement during an interview; justice Kapadia was a senior judge in the apex court at the time.

Acting on lawyer Harish Salve’s contention that Bhushan’s statements eroded public confidence in the judiciary and “are contemptuous per se,” the court in November last had issued a suo motu contempt notice to Bhushan and Tarun Tejpal, editor of Tehelka. The application said that “in relation to the allegations against justice Kapadia, the respondent (Bhushan) has indulged in half-truths.”

It may be recalled that justice Kapadia had offered to withdraw from the proceedings if any lawyer had an objection to his hearing the matter. But lawyers had none.

The bench of justices Altamas Kabir, Cyriac Joseph and HL Dattu is seized of the matter. It is listed for hearing on November 10.

Former Chief Justice of Allahabad High Court, Markandey Katju is known for making eye-ball grabbing remarks against revered political and historical figures. Known for holding contentious views, Justice Katju may have just crossed the line through his latest accusation. Reacting to Supreme Court’s verdict against the plea of sacked IPS officer Sanjiv Bhatt, he said that the judiciary is working at the behest of Centre. According to him, Bhatt’s case has been treated in a biased manner by the apex court and termed the verdict against him as ‘outrageous’.

To validate his wild allegation, Justice Katju came up with a fresh conspiracy theory. In his Facebook post, the ex-Supreme Court judge explained how he unearthed a scandalous activity of current Chief Justice of India, H L Dattu and had sent a dossier presenting the graft charges to the then Union Law Minister and BJP leader Ravi Shankar Prasad in 2014. However, Katju explains, that the top brass of BJP who were then in power chose not to press corruption charges against Dattu, but instead force him to act in a manner which benefits the benefits the ruling party and assist them in their politics of vendetta.

“I had sent a copy of the dossier to the then Union Law Minister, Mr. Ravi Shanker Prasad containing prima facie documentary proof of his massive corruption,” Katju claimed. He alleged that Dattu acquired huge acres of land in Karnataka during his tenure as the chief High Court judge. However, they were purchased directly by him, but his wife Gayathri, who hid her marital status from the registering authorities.

“The dossier include photocopies of a large number of sale deeds of plots of land in Bangalore in the name of his wife Gayathri ( who must be privy to his prima facie corruption ) showing her name but as daughter of K.G. Guruvayya, instead of wife of Dattu, and as an agriculturist. Why did the lady conceal her marital status?” Katju said indicating that Dattu allegedly attempted to evade tax.

Justice Katju further mentions that these plots were purchased in violation of the Karnatak Land Reforms Act. Equating the activities of CJI Dattu to that of a land mafia, Katju added, “Dattu got himself allotted one plot in a scheme in which Karnatak High Court employees alone could get a plot. A high court judge is not an employee. He got another plot in a scheme whose bye laws say that a person who or whose wife has a plot in Bangalore cannot be allotted a plot. A large number of other illegal acquisitions of wealth are mentioned in the dossier.”

However, it should be noted that this dossier was presented by Dattu to numerous Public Interest Litigation activists, including senior Supreme Court advocates Prashant Bhushan and Shanti Bhushan. Prashant is known for filing a number of cases against the Indian establishment. If the allegations of Katju had weight, he would not had refrained from launching a PIL crusade against the judiciary and Centre.

After attempting to explain the charges of corruption against Dattu, Justice Katju gives an attractive conclusion to his conspiracy theory by involving Prime Minister Narendra Modi and Arun Jaitley. Here is what he said: “My guess is that when Ravi Shankar Prasad, the then Union Law Minister received the diossier I sent him, he must have shown it to Modi and Arun Jaitley, and then they must have blackmailed Dattu by showing him the dossier, and telling him to do as they say, otherwise they will expose him. How else is one to explain Dattu’s effulgent praise of Modi openly ? And how else is one to explain this latest outrageous judgment ?”

The way Justice Katju has been lately ranting on social media, he might succeed in bringing to shame popular conspiracy theorists – Subramanian Swamy and Zaid Zaman Hamid. Maybe the duo need to learn a thing or two from the former Chief Justice.

In the face of continuous provocation by Markandey Katju, why is Chief Justice HL Dattu silent and passive? If there is no substance in Justice Katju’s allegations, why isn’t any action being taken against him? Why no Contempt of Court so far?

Through his blog, http://justicekatju.blogspot.in/, retired Supreme judge, Katju has been continually taunting HL Dattu, the legal establishment, the government and also mainstream journalists for not investigating the issue based on his documents.

It is easy to write this off as Katju’s attention-seeking behaviour. But let us look deeper. He alleges that the Chief Justice of India is a blatantly corrupt man who has amassed wealth by currying favour with the government, and by breaking laws. Can India afford to take such allegations lightly?

“There are a large number of plots in or near Bangalore purchased in the name of Justice Dattu’s wife Gayathri. Photocopies of the sale deeds by which they were purchased are in the dossier. These sale deeds mention the name of Justice Dattu’s wife Gayathri, but interestingly enough describe her as daughter of Guravayoor (probably her father’s name), and not wife of Justice Dattu. This is strange, since the plots were purchased long after her marriage. Was this done to conceal these transactions?” writes Markandey Katju, in his blog Satyam Bruyat.

The land was bought by H.L. Dattu in violation of property law that disqualifies a person with family income of over Rs. 2 lacs per year, from buying land in the rural areas of Karnataka, argued Katju.

He also write that Dattu had been allotted a plot of land in Bangalore, however “under the relevant scheme such plots could only be allotted to an employee of the Karnataka High Court. A High Court Judge is not an employee (he holds a Constitutional post, and is no one’s employee).”

“One plot of land in Bangalore was allotted to Justice Dattu under a scheme which had a term that a person already having a plot of land in Bangalore could not be allotted a plot. Justice Dattu already had plots in Bangalore, either in his own name or in his wife or children’s name at that time. He has also built a palatial house in Bangalore, allegedly on 1200 sq.m. land. Possibly that house itself would be worth Rs 50 crore or more,” Justice Katju alleges.

If these charges are true, impeach the Chief Justice of India. And if they are frivolous and unsubstantiated, then haul the retired SC judge (along with other critics like myself who spread his allegations) over the coals. Let justice be seen to be done!

In the on-going saga of CBI Director Ranjit Sinha’s all-revealing guest register, the plea by Prashant Bhushan’s Centre for Public Interest Litigation (CPIL) to keep Sinha away from the 2G Spectrum case because he was regularly meeting some of the accused as the register reveals, plus the counter perjury pleas filed by the CBI against the CPIL, a startling but worrying aspect has been revealed, but ignored by most observers. It is the disposition and temperament of the Chief Justice in waiting, Justice HL Dattu.

Justice Dattu will be taking over next week, on September 28, 2014, after CJI RM Lodha retires, and will have the good fortune of a relatively long tenure, till December 2015, coming on the heels of two CJIs who both retired within one year – Justice Sathasivam had retired in April, and now CJI Lodha will retire later this month. Justice Dattu is on the bench monitoring investigations into the 2G scam, but it was his unusual demand that the litigants, CPIL, reveal the name of the whistleblower who gave Bhushan the guest register, that is an alarming prospect, especially for the media.

Last Monday, the two-judge bench headed by Justice Dattu had directed Bhushan to disclose the name and address of the whistle-blower in a sealed envelope. The CBI chief, defending himself, had said that 90 per cent of entries in the register were forged while some entries may be genuine. “We want to know about the authenticity of the whistleblower. It has serious consequences on the reputation of persons and also on the (2G) trial court. Give us the source of information. How all this information got leaked out is important. We have to satisfy ourselves first,” a bench of Justices H L Dattu and S A Bobde ordered Bhushan. The learned judges said that informing the court about the whistleblower was imperative in view of the Supreme Court Rules, which obligate every person filing an affidavit to disclose the source of their information. “We will proceed if we are satisfied that this man has access to the register with names and details of people visiting the director. Once we realize there is some hanky-panky, and some investigation is needed, we will certainly go for it but we’ve got to first believe these entries.”

The order led to a flurry of activity – Prashant Bhushan pleaded that the order infringes on the privacy of the whistle-blower and therefore needs the permission from the person; the court gave Bhushan a week’s time. By Thursday, Bhushan submitted an affidavit to the Supreme Court saying it will not reveal the whistle-blower’s name even in a sealed cover stating that public interest litigations (PILs) are non-adversarial where the court intends to find the truth and that rules of procedure are not strictly followed in such cases. It also gave letters by civil rights activists against revealing the whistleblower’s name in line with the Whistle Blowers Protection Act 2011, while also adding that several whistleblowers have been killed after their identities were revealed, like Satyendra Dube, S Manjunath, Amit Jethwa and Shehla Masood.

Today, while the Dattu-Bobde bench turned down the CBI director’s plea that the case filed against him should not be heard and be dismissed, it has only agreed to hear the CPIL’s plea that the court should recall its order of revealing the whistle-blower’s name. The court has rejected Ranjit Sinha’s plea and has in fact ordered that all documents – including CBI file notings and the Director’s guest register be given to Special Public Prosecutor Anand Grover. It however said it can consider recalling its own order of revealing the whistle-blower’s name. ”We can correct our mistake if it is a mistake so that it doesn’t affect the pending and future (petitions)” the court said.

Justice Dattu it seems has been caught in a bind after Bhushan dug his heels in about not revealing the whistle-blower’s name. But what does it say for the media and civil society if a Chief Justice demands that the cover of anonymity be blown of whistle-blowers who help uncover corruption cases? What can journalists do if the court orders that the source be revealed in an investigation story? It does not bode well both for media and civil society. Neither does it for Justice Dattu, in his last week before he takes up the prestigious post of Chief Justice of India, the highest ranking judge of the country.

“There is a higher court than the court of justice and that is the court of conscience It supercedes all other courts. ”- Mahatma Gandhi

Greetings on the birthday of our bapuji , Mahatma Gandhi on 02nd October. Just hanging photograph of Gandhi in office room , court hall or police station won’t serve any purpose. Before gandhi’s photo only many corrupt practices , injustices are enacted by public servants. Many of our public servants , Judges & Police are even unfit to sit before Mahatma Gandhi’s photograph , let alone invoke mahatma’s name during speech or court ruling. Let those very Judges & Police first learn to follow ideals of Mahatma Gandhi in their official capacity as well as personal capacity. The public servants enjoy luxuries , 5 star non veg meals , alcoholic drinks all at tax payers expense. These judges give judgements running into hundreds of pages with moral guidance , great quotes to commoners , police use filthy language , 3rd degree torture methods against innocents , commoners , when there are rich crooks , criminals justice kowtows before their feet. No brilliance , quotes of judges , no bravery , valour of police , why ?

6.Are judges not interested to do their duties to protect fundamental , human rights of commoners ?

7.Are judges not interested to do their duties , to legally prosecute their corrupt colleagues ?

8.If not , why those judges & police are not quitting their jobs , pave the way for a honest person ?

It is on this day in 12/03/1930, mahatma gandhi led people to dandi in gujarath state,india , to peacefully protest against the atrocious, illegal tax levied by the occupiers-britishers on natural salt. This non-violent, civil dis-obedience movement soon became a mass movement throught india & shook the very foundations of the colonial british government . it is an important milestone in our freedom struggle.

Today, in india even after 1947's independence commoner's are yet to relish the fruits of independance. Criminals have occupied the seats of power , in their greed for power & money are violating the fundamental/human rights of commoners. The saving grace is that still a few honest people are here & there in seats of power. We the commoners must come together & support those honest people in their endeavours. towards , this objective on this holy day SOS e Voice for Justice on web was born.

Where the mind is without fear & the head is held highWhere knowledge is freeWhere the world has not been broken up into fragmentsBy narrow domestic wallsWhere words come out from the depth of truthWhere tireless striving stretches it's arms towardsperfectionWhere the clear stream of reason has not lost it's wayInto the dreary desert sand of dead habitWhere the mind is led forward by theeInto ever widening thought and actionInto that heaven of freedom , my fatherLet my country awake.

Jai hind. Vande mataram.

Your’s sincerely,

Nagaraja.M.R.

PIL - Ye Judges You , everyone of us inferior subservient to CONSTITUTION OF INDIA

Accountability of Judges a MUST

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2015

IN THE MATTER OF

NAGARAJA . M.R ,

editor , SOS e Clarion of Dalit & SOS e Voice for Justice ,

# LIG 2 , No 761 , HUDCO First Stage , Laxmikantanagar ,

Hebbal , Mysore – 570017 , Karnataka State

.....Petitioner

Versus

Honourable Chief Justice of India & Others

....Respondents

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF

MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

To ,

Hon'ble The Chief Justice of India and His Lordship's Companion

Justices of the Supreme Court of India. The Humble petition of the Petitioner above named.

MOST RESPECTFULLY SHOWETH :

1. Facts of the case:

Our whole hearted respects to honest few in judiciary , parliament & public service. Our salutes to them , due to honest efforts of those few noble persons only at least democracy is surviving in India.A . "Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt people’s representatives , police , public servants & Judges. Some of the below mentioned judges fall among the category of churchill’s men – Rogues , Rascals & Freebooters.

B . As per the preamble of the constitution of India all the people , all Indian citizens are equal in every respect , equally entitled to justice , equally responsible to uphold constitution . Only People , Citizens of India are supreme No Judges , No Ministers , etc are supreme. Judges , ministers , president etc are all public servants constitutionally mandated to SERVE the public , NOT to master over them. Even after 69 years of independence these judges , ministers have not come out of colonial hangover instead become worse treating general public as their servants.

C . Every institution in india is directly or indirectly accountable to people , however judiciary alone is not transparent not giving accounts of it’s actions to people.

D . Judges enjoy 5 star pay & perks , making merry at the cost of people’s money , public exchequer , but are not giving accounts of their actions to people , not transparent to the public eye. They are not even honouring RTI applications seeking information about actions of judges , because corrupt judges will be caught red handed.

E . Judges are not super humans nor super brains nor from moon or mars , they are ordinary mortals from the society around us and just like us capable of doing good work as well falling prey to human lures like bribe , corruption , favoritism , etc.

F. Judges think they are sole custodians of constitution of india , in fact every citizen of india is a custodian of constitution of india.

G . Collegium of judges is nothing but a coterie , a MAFIA proof - unfit corrupt persons like dinakaran , another judge involved in mysore roost resort sex scandal being selected by SCI collegium promoted to the apex court. It is just the tip of iceberg , behind the judicial veil of secrecy many corrupt judges are hiding. Hereby , I challenge Honourable supreme court of india that subject to conditions I will bring to book corrupt judges who are hiding behind the veil. Are you ready ?

H . When compared to some corrupt judges who are nothing but criminals , a drain , parasites on our public exchequer , society , the child workers who are hard working earning less than rupees 32 a day are far better , great human beings.

I . Ofcourse when the court identifies that intentions of an act of parliament as unconstitutional , it has the right to strike it down to uphold the supremacy of constitution. NJAC Act passed by parliament was in fact filling a legal vaccum about accountability & selection of judges and in turn strengthening the constitution of india. But by striking down NJAC Act of government of india , supreme court of india is weakening constitution of india , making contempt of parliament , constitution & all Indian citizens. If at all supreme court was really sincere it could have suggested more alternatives for transparent , accountable judiciary with appropriate transparent provisions for guarding judicial independence.

J . When government of india passed unconstitutional acts like land acquisition bill , special status to Kashmir , against uniform civil code promoted unequal differing civil laws for various religion people and Bhopal gas victims act , nuclear energy act , etc , did it not dawn on supreme court of india that it is the sole custodian of constitution ? then why not SCI strike down those unconstitutional parliamentary acts ?

K . It is the duty of Supreme Court of India to Protect , Guard the constitutional rights of every Indian citizens . Since 25 years I am appealing to SCI about issues concerning public welfare , national security , etc and as a result suffering injustices , my constitutional rights , human rights are repeatedly violated but SCI is mum even when repeated appeals were made to it. Paradoxically , after these appeals for justice , I have suffered more injustices , attempts on my life were made , physically assaulted , livelihood / jobs were denied , news publication closed , press accreditation denied , received threatening calls , blank calls, even to date rough elements follow us , rough elements scout near home at mid night. Does not these indicate some ties between rough elements & SCI Judges ?

L . Eventhough the information is readily available with SCI , information was denied citing unavailability. If at all information is not truly available , why didn’t the CPIO TRANSFER rti application to concerned departments of SCI , Ministry of Law , Justice , Respective High Courts , etc.

M . Does not court administarative officer posess SERVICE REECORDS of each employee including judges. If not on what basis they give promotions , transfers , salary , etc to judges ? The person who posess SR can give infor mation about guilty judges. Why CPIO not asking that person to share infor mation ?

N . If a commonman is alleged of a petty crime he is immediately arrested , put behind bars. Police spend thousands of rupees for investigation to prosecute that petty criminal. Judges spend hours to hear that case & prepare judgements running into tens of pages sometimes even over & above thousand pages. Fine . When the very same police & judge themselves committ grave crimes detrimental to national security , integrity , etc , no arrests , no prosecution only cover-up , WHY ? Are Judges & Police above Law ? Is Judge’s MAFIA at play ?

O . The action of CPIO SCI amounts to cover up of judges & their crimes. Thereby , CPIO is also committing a crime. With respect to previous RTI Appeals also CPIO & RTI First Appellate Authority SCI have repeatedly committed crimes by covering up judges & their crimes. Billions of indians are barely sustaining on a single piece meal a day , we lower middle class people toiling hard to earn a few hundreds of rupees but still paying tax. Is it not shame to them / shame to JUDGEs that they draw pay & perks amounting to lakhs of rupees from our money , from taxes paid by us still not do their constitutional duties properly.

GIVE WHAT ACTION HAS BEEN TAKEN AGAINST THE GUILTY JUDGES MENTIONED IN THE BELOW MENTIONED WEB SITES & FOLLOWING ARTICLES.

We salute honest few in public service , Judiciary , police , parliament & state legislative assemblies. our whole hearted respects to them. HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS – WHICH IN ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT BY ME. HERE WITH I AM SEEKING NOT THE OPINIONS ABOUT SOME HYPOTHETICAL ISSUES , BUT YOUR OFFICIAL STAND , LEGAL STAND ON ISSUES WHICH ARE OF FREQUENT OCCURRENCE WHICH ARE VIOLATING PEOPLE’S FUNDAMENTAL RIGHTS & HUMAN RIGHTS. WE DO HAVE HIGHEST RESPECTS FOR JUDICIARY & ALL PUBLIC INSTITUTIONS , THIS IS AN APPEAL FOR TRUTH , INFORMATION SO THAT TO APPREHEND CORRUPT FEW IN PUBLIC SERVICE, WHO ARE AIDING & ABETTING TERRORISM , UNDERWORLD & CRIMINALS. I HAVE SHOWN IN DETAIL WITH LIVE , ACTUAL CASES , EXAMPLES , HOW INDIAN LEGAL SYSTEM IS MANIPULATED BY CRIMINALS WITHIN JUDICIARY , POLICE , PROSECUTION , ETC. READ DETAILS AT :https://sites.google.com/site/eclarionofdalit/wheeling-dealing-judges-police ,

Hereby , we do request CPIO O/O Honourable Chief Justice of India , Supreme Court of India , New Delhi to answer the following questions in public interest , for safeguarding national security , National unity & integrity & to legally apprehend anti-nationals , criminals within the judiciary & police. Judges are not superior human beings , some of them have even became judges through devious means other than merit , integrity. Judges are public servants drawing salary & perks from public exchequer and accountable to public as any other common man is.

We salute our freedom fighters , military personnel & martyrs for all the sacrifices made by them. Let us build a strong , Secular , Democratic India by getting rid off few corrupt elements , anti nationals , traitors among public servants , among judiciary & among police who are greater threat to India’s unity & integrity than Pakistani terrorists or chinese military.

Information input forms part of process of one’s expression. One’s expression in any forms – written , oral , etc becomes information input to the opposite person , in turn he expresses his reply. Information & Expression are inseparable parts & form lifeline of a democracy. That is the reason , Right to Expression is the basic fundamental right as well as human right of every Indian citizen. When a person’s right to expression is violated , his other rights to equality , justice , etc also are violated. Suppression of Information amounts to curbing of Expression.

In a democracy , people have a right to know how the public servants are functioning. However till date public servants are hiding behind the veil of Officials Secrets Act (which is of british vintage created by british to suppress native indians). By this cover-up public servants are hiding their own corruption , crimes , mismanagement , failures , etc. even RTI Act is not being followed intoto by public servants. However the recent delhi high court ruling affirming that CJI is under RTI purview & bound to answer RTI request , is noteworthy.

Our previous RTI request to CJI , union home secretary of GOI, President of India , DG & IGP of GOK and others were not honored. The information I sought were answers to the following questions mentioned in the below mentioned websites . the questions concerned the past , present continuing injustices meted out to millions of Indian citizens , due to wrong / illegal work practices of Indian judges , police & public servants . The information we sought would expose the traitors , anti-nationals , criminals in public service. The information we are seeking are no defense secrets , no national secrets. The truthful information exposes the anti-nationals , traitors in the public service & strengthens our national security , national unity & integrity.

Hereby , i do request the honourable supreme court of india , for a Supreme Court monitored CBI Enquiry into this whole issue as karnataka police are helpless , they don't have legal powers to prosecute high & mighty , constitutional functionaries. They have not even enquired the guilty VVIPs even once however Under pressure from higher-ups they repeatedly called me the complainant to police station took statements from me all for closing the files.

Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.

The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none of them were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , commonmen & see how careless our judges are towards anti national crimes , crimes worth crores of rupees.

That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.

PRAYER:

In the above premises, it is prayed that this Hon'ble Court may be pleased:

(i) Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.

(ii) Hereby , I do request the honourble supreme court of india to make public all the proceedings of supreme court collegiums and correspondence between SCI , President’s office & government of india regarding selection of judges. To make public all the eligibility criteria followed for selection of judges and who filled what criteria , who didn’t fill which criteria and the final ranking.

(iii) Hereby , I do request the honourble supreme court of india to uphold the constitution of india and to protect the constitutional rights of all Indian citizens including mine.

(iv) to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.

Date : 23rd October 2015………………………………Filed By : Nagaraja.M.R.

Place : Mysuru India……………………………………Petitioner in person

RTI Appeals Not Answered by SUPREME COURT OF INDIA - Crimes Cover-up

To ,

RTI Appellate Authority ,

O/O Chief Justice of India ,

Supreme Court of India ,

New Delhi.

APPEAL UNDER SEC 19 (3) OF RTI ACT 2005 OF GOVERNMENT OF INDIA & GOVERNMENT OF KARNATAKA

FULL NAME OF THE APPLICANT : NAGARAJA.M.R.

ADDRESS OF THE APPLICANT : NAGARAJA.M.R.,

EDITOR , SOS E-VOICE JUSTICE & SOS E-CLARION OF DALIT ,

# LIG-2 / 761, OPP WATER WORKS OFFICE,

HUDCO FIRST STAGE, LAXMIKANTANAGAR,

HEBBAL, MYSORE , KARNATAKA PIN – 570017.

"Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt people’s representatives , police , public servants & Judges. Some of the below mentioned judges fall among the category of churchill’s men – Rogues , Rascals & Freebooters.

Eventhough the information is readily available with SCI , information was denied citing unavailability. If at all information is not truly available , why didn’t the CPIO TRANSFER rti application to concerned departments of SCI , Ministry of Law , Justice , Respective High Courts , etc.

Does not court administarative officer posess SERVICE REECORDS of each employee including judges. If not on what basis they give promotions , transfers , salary , etc to judges ? The person who posess SR can give infor mation about guilty judges. Why CPIO not asking that person to share infor mation ?

If a commonman is alleged of a petty crime he is immediately arrested , put behind bars. Police spend thousands of rupees for investigation to prosecute that petty criminal. Judges spend hours to hear that case & prepare judgements running into tens of pages sometimes even over & above thousand pages. Fine . When the very same police & judge themselves committ grave crimes detrimental to national security , integrity , etc , no arrests , no prosecution only cover-up , WHY ? Are Judges & Police above Law ? Is Judge’s MAFIA at play ?

The action of CPIO SCI amounts to cover up of judges & their crimes. Thereby , CPIO is also committing a crime. With respect to previous RTI Appeals also CPIO & RTI First Appellate Authority SCI have repeatedly committed crimes by covering up judges & their crimes. Billions of indians are barely sustaining on a single piece meal a day , we lower middle class people toiling hard to earn a few hundreds of rupees but still paying tax. Is it not shame to them / shame to JUDGEs that they draw pay & perks amounting to lakhs of rupees from our money , from taxes paid by us still not do their constitutional duties properly.

GIVE WHAT ACTION HAS BEEN TAKEN AGAINST THE GUILTY JUDGES MENTIONED IN THE BELOW MENTIONED WEB SITES & FOLLOWING ARTICLES.

We salute honest few in public service , Judiciary , police , parliament & state legislative assemblies. our whole hearted respects to them. HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS – WHICH IN ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT BY ME. HERE WITH I AM SEEKING NOT THE OPINIONS ABOUT SOME HYPOTHETICAL ISSUES , BUT YOUR OFFICIAL STAND , LEGAL STAND ON ISSUES WHICH ARE OF FREQUENT OCCURRENCE WHICH ARE VIOLATING PEOPLE’S FUNDAMENTAL RIGHTS & HUMAN RIGHTS. WE DO HAVE HIGHEST RESPECTS FOR JUDICIARY & ALL PUBLIC INSTITUTIONS , THIS IS AN APPEAL FOR TRUTH , INFORMATION SO THAT TO APPREHEND CORRUPT FEW IN PUBLIC SERVICE, WHO ARE AIDING & ABETTING TERRORISM , UNDERWORLD & CRIMINALS. I HAVE SHOWN IN DETAIL WITH LIVE , ACTUAL CASES , EXAMPLES , HOW INDIAN LEGAL SYSTEM IS MANIPULATED BY CRIMINALS WITHIN JUDICIARY , POLICE , PROSECUTION , ETC. READ DETAILS AT :

Hereby , we do request CPIO O/O Honourable Chief Justice of India , Supreme Court of India , New Delhi to answer the following questions in public interest , for safeguarding national security , National unity & integrity & to legally apprehend anti-nationals , criminals within the judiciary & police. Judges are not superior human beings , some of them have even became judges through devious means other than merit , integrity. Judges are public servants drawing salary & perks from public exchequer and accountable to public as any other common man is.

Please give following information :

Main A :

1.Please give me The address of salary disbursing officer in supreme court of india. Salary disbursing officer will be maintaining service records of all employees of supreme court of india including judges. These records are used for disciplinary action , promotion , transfer of judges. If not within SCI , please give the address of the outside public official who maintains service records of supreme court judges and kindly compile information from him and give it to me orelse transfer my RTI application to him.

2.Please give me the list of serving as well as retired supreme court judges with allegations against them and the action taken thereof. Reasons for taking action / criminal prosecution or not taking action.

3.Please give me the list of serving as well as retired high court judges with allegations against them and the action taken thereof. Reasons for taking action / criminal prosecution or not taking action.

4.Please give me the list of serving as well as retired district & taluk court judges with allegations against them and the action taken thereof. Reasons for taking action / criminal prosecution or not taking action.

5.Some of the high courts are demanding higher RTI application fees than stipulated by law. Eventhough requisite fees has been paid before transfer of RTI application to high courts. Please give me the details of action taken by supreme court of india against erring high courts.

6.Give me the List of petitions with date made by Shri . Nagaraja Mysore Raghupathi alias Nagaraja M R TO SUPREME COURT OF INDIA THROUGH POST , THROUGH E-MAIL & THROUGH website of DPG / DARPG. Action taken or not taken with reasons thereof with respect to each petition.

7.Please give me list of actions , follow up actions taken by supreme court of india , to safe guard the HUMAN RIGHTS & FUNDAMENTAL RIGHTS of Nagaraja M R editor of SOS e Clarion of Dalit & SOS e Voice for justice. He repeatedly appealed to SCI highlighting violations of his human rights & fundamental rights. After appealing to SCI only editor Nagaraja M R suffered more injustices , attempts on his life , etc , may be JUDGE’s MAFIA is in deal with outside MAFIA. Police are helpless & practically don’t have power to question supreme court judges & other VVIPs. Did SCI constitute SCI monitored enquiry committee with full legal authority to look into the issue.

8.Judges preach too much & practice less. They give lectures , judgements running into hundreds of pages eliciting legality, moral virtues , humanity , etc. But cover up information leading to crimes / accountability of judges. The judges committee like a mafia deals it within without subjecting the accussed judge to public scrutiny & public trial. It is almost similar to a whore / bitch giving a lecture on virginity to women. To refresh your memory , Please go through following websites to know about facts , actual cases of crimes by judges. Please give us information regarding action taken or not taken with reasons there of with respect to each case mentioned in the following websites:

9.Please give me the list of actions , follow up actions taken by supreme court of india to safeguard the human rights of prisoners , witnesses & evidences .

10.Please give me the list of actions , follow up actions taken by high courts of india to safeguard the human rights of prisoners , witnesses & evidences .

11.Please give me the list of supreme court judges , high court judges & district / taluk judges (both serving & retired) who received favourable allotment of sites , etc which is nothing but a form of kick back for favours shown by judge. Please give me the list of action taken or not taken by supreme court of india with reasons thereof in each case.

8. in how many cases police / law enforcement officials were made to pay compensation to innocent victims who were wrongly charged , detained & tortured , murdered by police , since independence till date , yearwise ? what action ? if not why ?

9. in some cases , on appeal judgements of higher court turns down the judgement of lower court. In how many such cases , lower court judge is made to pay compensation to victims of their wrong judgement , since independence till date yearwise ? what action ? if not why ?

10. how many judges have defaulted in filing their annual financial returns giving out their wealth , income details , yearwise since independence till date ? what action ? if not why ?

11. how you are verifying the annual financial returns of judges ?

12. since independence , how many convicts have been sentenced to “death by hanging” , yearwise ?

13. how many death sentances were carried out & how many are pending ?

14. how many police officials were made to pay compensation & prosecuted for defamation , when innocents falsely charged by police were acquitted , dropped from charges by courts ? if not why ?

15. how many lower court judges were made to pay compensation & prosecuted for defamation , when innocents wrongly convicted by lower court , but on appeal higher courts acquitting , dropping them of charges ? if not why ?

16. are judges getting paid from public exchequer , for their expenses on liquor / alcohol , body massages , etc in their TA DA bill while on tour , official visits , official parties hosted by judges ?

17. how many appeals for justice concerning public welfare , violation of human & fundamental rights , threat to lives / livelihood , etc were made to supreme court of india , by nagaraja mysore raghupathi alias nagaraja M R alias myself since 1990 till date ? appeals were made through ordinary post , registered post , e-mail & by web through DARPG , DPG. What ACTION taken by supreme court of india with respect to each appeal ?

18. due to negligence / connivance of supreme court judges injustices were meted out to public & public are still suffering injustices. Crimes which could have been prevented by SC happened eventhough brought to early notice of supreme court. What action against erring SC Judges ? if not why ?

19. I have repeatedly offered my services to supreme court of india , to apprehend criminals within judiciary , police & public service. What action taken by supreme court of india ? if not why ?

21. I repeatedly appealed to supreme court of india to permit me to appear as amicus curie before supreme court of india & jain commission of enquiry regarding late PM Rajiv Gandhi assassination case. I was not permitted why ?

22. who are the judges covering-up Rajiv Gandhi assassination case ? what action taken ? if not why ?

23. Law is one & same for all , but law enforcement & law interpretation is not same for common people , Judges & Police ? why ?

NOTE : PLEASE TAKE NOTE THAT YOUR CONTINUED NEGLIGENCE TO PROVIDE INFORMATION , JUSTICE TO EDITOR NAGARAJA M R LEADS TO THE THREAT TO THE LIFE , LIVLIHOOD OF HIMSELF & HIS WHOLE FAMILY. YOU ARE LIABLE TO PAY COMPENSATION. DON’T TRANSFER THIS CASE , APPLICATION TO POLICE THEY DON’T HAVE POWER TO ENQUIRE JUDGES LET ALONE TAKE ACTION. PLEASE ENTRUST THE CASE TO TRANSPARENTLY CONSTITUTED SUPREME COURT MONITORED ENQUIRY COMMITTEE TO LOOK INTO THE WHOLE ISSUE.

I ,NAGARAJA.M.R. hereby do declare that information given above are true to the best of my knowledge & belief.If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , death due to improper medical care , etc , the jurisdictional police , revenue officials , District Magistrate & Chief Justice of India together with above mentioned accused public servants will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective.If I or my family members or my dependents are denied our fundamental rights , human rights , denied proper medical care for ourselves , If anything untoward like hit & run cases , murder attempts , unnatural deaths , etc happens to me or to my dependents or to my family members - In such case Chief Justice of India together with the jurisdictional revenue & police officials will be responsible for it ,in such case the government of india is liable to pay Rs. TWO crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. Afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty police officials , guilty Judges , guilty public servants & guilty Constitutional functionaries.

YEAR TO WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 1995-2015 .

APPEAL UNDER SEC 19 (3) OF RTI ACT 2005 OF GOVERNMENT OF INDIA & GOVERNMENT OF KARNATAKA

FULL NAME OF THE APPLICANT : NAGARAJA.M.R.

ADDRESS OF THE APPLICANT : NAGARAJA.M.R.,

EDITOR , SOS E-VOICE JUSTICE & SOS E-CLARION OF DALIT ,

# LIG-2 / 761, OPP WATER WORKS OFFICE,

HUDCO FIRST STAGE, LAXMIKANTANAGAR,

HEBBAL, MYSORE , KARNATAKA PIN – 570017.

"Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt people’s representatives , police , public servants & Judges. Some of the below mentioned judges fall among the category of churchill’s men – Rogues , Rascals & Freebooters.

Eventhough the information is readily available with SCI , information was denied citing unavailability. If at all information is not truly available , why didn’t the CPIO TRANSFER rti application to concerned departments of SCI , Ministry of Law , Justice , Respective High Courts , etc.

Does not court administarative officer posess SERVICE REECORDS of each employee including judges. If not on what basis they give promotions , transfers , salary , etc to judges ? The person who posess SR can give infor mation about guilty judges. Why CPIO not asking that person to share infor mation ?

If a commonman is alleged of a petty crime he is immediately arrested , put behind bars. Police spend thousands of rupees for investigation to prosecute that petty criminal. Judges spend hours to hear that case & prepare judgements running into tens of pages sometimes even over & above thousand pages. Fine . When the very same police & judge themselves committ grave crimes detrimental to national security , integrity , etc , no arrests , no prosecution only cover-up , WHY ? Are Judges & Police above Law ?

The action of CPIO SCI amounts to cover up of judges & their crimes. Thereby , CPIO is also committing a crime. With respect to previous RTI Appeals also CPIO & RTI First Appellate Authority SCI have repeatedly committed crimes by covering up judges & their crimes. Billions of indians are barely sustaining on a single piece meal a day , we lower middle class people toiling hard to earn a few hundreds of rupees but still paying tax. Is it not shame to them / shame to JUDGEs that they draw pay & perks amounting to lakhs of rupees from our money , from taxes paid by us still not do their constitutional duties properly.

GIVE WHAT ACTION HAS BEEN TAKEN AGAINST THE GUILTY JUDGES MENTIONED IN THE BELOW MENTIONED WEB SITES & FOLLOWING ARTICLES.

At the outset , we express our whole hearted respects to the honest few public servants in public service including judiciary. However, the corrupt in public service don’t deserve respect as individuals – as they are parasites in our legal system. Still we respect the chairs they occupy but not the corrupt individuals.

All the following articles / issues , whole articles published in the weblinks mentioned below forms part of this appeal. The term “JUDGE”mentioned throught includes all public servants discharging judicial functions right from taluk magistrates , quasi-judicial officers to Chief Justice of India.

Indian Legal / Judicial System is manipulated at various stages & is for sale. It is a SHAME. The persons who raise their voice seeking justice are silenced in many ways. The criminal nexus has already attempted to silence me in many ways . If anything untoward happens to me or to my family members , my dependents , Honourable Chief Justice of India together with jurisdictional police officer will be responsible for it.

Hereby, we do once again offer our conditional services to the honourable supreme court of India & other government authorities, in apprehending criminals including corrupt judges & police. Herewith , we once again appeal to the honourable supreme court of India , to consider this as a PIL Appeal in public interest.

The public servants & the government must be role models in law abiding acts , for others to emulate & follow. if a student makes a mistake it is excusable & can be corrected by the teacher. if the teacher himself makes a mistake , all his students will do the same mistake. if a thief steals , he can be caught , legally punished & reformed . if a police himself commits crime , many thieves go scot- free under his patronage. even if a police , public servant commits a crime , he can be legally prosecuted & justice can be sought by the aggrieved. just think , if a judge himself that too of apex court of the land itself commits crime - violations of RTI Act , constitutional rights & human rights of public and obstructs the public from performing their constitutional fundamental duties , what happens ? it gives a booster dose to the rich & mighty , those in power , criminals in public service to committ more crimes. that is exactly what is happenning in india. the educated public must raise to the occassion & peacefully , democratically must oppose this criminalisation of judiciary , public service. then alone , we can build a RAM RAJYA OF MAHATMA GANDHI'S DREAM.

Kindly go through the following articles & provide justice by giving complete truthful information to us , by publicly answering the following questionnaire in an unambiguous manner.

The constitution of India has prescribed certain FUNDAMENTAL DUTIES to each citizens of India. It is the duty of every citizen to protect & uphold the dignity , honour of our democratic institutions , toprotect our national integrity , to respect & protect the rights of our fellow citizens. No constitutional authority has the right to obstruct the discharge of these duties by citizens of India. No legal privileges of constitutional functionaries is superior over the FUNDAMENTAL DUTIES OF CITIZEN'S OF INDIA.

We need rights to perform our duties. Constitution of India has guaranteed those rights as FUNDAMENTAL RIGHTS to all citizens of India & by birth itself everyone of us has secured HUMAN RIGHTS as individuals. To express ourselves , we need information , data feed back , to ascertain whether we are getting equal opportunity , whether we are getting equitable justice , etc , we need information . so ,basically Right To Information is an inalienable part of our fundamental rights & human rights. What RTI Act has done is fixed time limit , responsibilities of public servants up to certain extent. However the citizen's fundamental right & human right to seek information extends far beyond the scope of RTI Act.

Hereby , we seek complete truthful information from supreme court of India , with respect to my RTI application appeal. HEREBY , WE ARE ONLY SEEKING ACCOUNTABILITY OF PUBLIC SERVANTS IN PUBLIC INTEREST & JUSTICE. Hereby , we request you to register this appeal as a PIL petition & to ascertain the stand of apex court on various matters raised in my RTI Application , in public interest & equitable justice.

We salute honest few in public service , Judiciary , police , parliament & state legislative assemblies. our whole hearted respects to them. HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS – WHICH IN ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT BY ME. HERE WITH I AM SEEKING NOT THE OPINIONS ABOUT SOME HYPOTHETICAL ISSUES , BUT YOUR OFFICIAL STAND , LEGAL STAND ON ISSUES WHICH ARE OF FREQUENT OCCURRENCE WHICH ARE VIOLATING PEOPLE’S FUNDAMENTAL RIGHTS & HUMAN RIGHTS. WE DO HAVE HIGHEST RESPECTS FOR JUDICIARY & ALL PUBLIC INSTITUTIONS , THIS IS AN APPEAL FOR TRUTH , INFORMATION SO THAT TO APPREHEND CORRUPT FEW IN PUBLIC SERVICE, WHO ARE AIDING & ABETTING TERRORISM , UNDERWORLD & CRIMINALS. I HAVE SHOWN IN DETAIL WITH LIVE , ACTUAL CASES , EXAMPLES , HOW INDIAN LEGAL SYSTEM IS MANIPULATED BY CRIMINALS WITHIN JUDICIARY , POLICE , PROSECUTION , ETC. READ DETAILS AT :

9. While crores of Indians are barely surviving on a single piece meal a day , people dying due to starvation , supreme court judges are getting salary & perks amounting to lakhs of rupees from the same suffering public / public exchequer. Are not those duty shirking judges ashamed ?

10. What action you have taken against judges involved in hushing up late prime minister rajiv Gandhi assassination case ?

11. Why the supreme court of india didn’t allow me to appear before it in the said case of late PM Rajiv Gandhi Assassination Case ?

14. Are the supreme court judges hand in gloves with the criminal nexus ?

Main B :

You have not taken appropriate action to my previous RTI requests , Numerous appeals for justice & police complaints. You have not replied to show-cause notice also. Your inaction has helped the criminals in manipulating & destroying evidences.

Your inaction / delay in performing your duties not only amounts to denial of information , but amounts to violation of our fundamental & human rights , cover-up of crimes , aiding & abetting criminals . The criminal nexus tried to silence me in many ways. Is not these acts of your’s a crime in itself ?

If your acts of crime cover-ups , information / evidence cover-ups , aiding & abetting criminals , silencing a crusader is just & legal. The same type of acts of crimes performed by other citizens will also be legal ?

Main C :

At the outset , we express our whole hearted respects to all constitutional institutions & to the honest few in public service. Contempt of constitutional institutions , citizens of India is being made by the corrupt persons in constitutional positions themselves. This is an appeal to the honest few in public service , constitutional positions , to bring their corrupt colleagues to book.

3. just remember , the vulgar acts of Mr.Bora Babu Singh in state legislature & how some MLAs vulgarly behaved with Ms.Jayalalita in state legislature , years ago. Are these type of vulgar actions by MPs & MLAs legal ? does not these constitute contempt of the house by MPs & MLAs themselves ?

4. all the people’s representatives from panchayath member to president of India must read ABCD Of Democracy provide along with.since independence of India till date , MPs & MLAs are forcing projects on people against the wishes of people , formulating policies against the wishes of people. Are not such projects , government policies & Laws , undemocratic & illegal ?

5. is the election commission of India verifying the authenticity of affidavits submitted by electoral candidates ?

6. how many candidates have been caught so far for giving false affidavits ? are all the violators prosecuted?

7. are the MPs , MLAs submitting their wealth details on affidavits yearly to vigilance authorities ? defaulters , violators how many ?

9. who is checking the authenticity of those affidavits submitted by MPs , MLAs ?

10. the agricultural incomes of some MPs , MLAs , their kih & kin raises even during the time of severe drought , floods , fall in prices of agricultural products , their companies register increase in turnover / profits even during recession , the trusts / NGOs set up by them receive huge donations. Are all these income legal ?

Main D :

1. we do once again offer our conditional services to the government of india , all state governments & supreme court of india , in apprehending tax evaders , land grabbers , corrupt police , corrupt judges , corrupt public servants , labor law violators , etc. whom the the government officials , vigilance authorities have failed to apprehend. Why the authorities , courts , supreme court of India , are not ready to utilize our service ? are they afraid of being caught ?

2. the public servants , courts theselves are delaying giving information / records to us in many cases. So in the issues / cases raised by us , the clause of time bar doe not apply. Are these delaying tactics of public servants , courts legal ?

3. why no proper , timely action was not taken based on numerous police complaints made by us ?

4. why DG & IGP , Government of Karnataka , has not made any efforts to seek legal sanction for prosecution of VVIPs ( mentioned in our complaint ) , from union & state home ministries ?

5. the criminal nexus is trying to silence me in many ways , but the supreme court of India & national human rights commission has failed to undo the injustices , why ? is it because it is not a high profile case ? is it because it is not hi-fi , does not get image ratings , TRPs ?

6. the public servants are aiding underworld , naxalites & terrorists , by their delaying tactics & denial of information , records. What action has been taken against such anti-national elements in public service ?

7. how many complaints are made by Nagaraj .M.R. , Human Rights Activist , Mysore (editor of SOS e-clarion of dalit & SOS e-voice for justice) to Karnataka police , to national human rights commission to supreme court of India till date ? what action taken with respect to each complaint ?

8. the delay in taking action by public servants with respect to following cases has resulted in more crimes , destruction / manipulation of evidences , records and more injustices to commonman. Why the authorities did not take timely action against criminals in following cases ?

Q4. Don’t the police have suo-motto powers to take action in the interest of public welfare , law & order ?

Q5. Daily we see numerous reports of misdeeds by police , public servants , industrialists , etc in the media . Then why not police taking any action with respect to them ?

Q6. nowadays we see numerous reports of scams , scandals by constitutional functionaries , public servants in the media. Instead of wasting money , killing time by prolonging formation of parliamentary committees , judicial commissions , why not subject those accussed public servants to narco analysis , lie deector test , etc to ascertain truth & provide timely justice ?Q7. If a commonman files a complaint , police / courts wants evidences , witnesses to take action against the rich & mighty crooks. Where as if a rich person just gives a complaint against a poor chap , he is arrested , tortured eventhough there are no evidences , witnesses. Why this double standard ?Q8. If a poor chap tries to collect evidences as per his fundamental rights or as per RTI ACT , the public servants don’t give full , truthfull information. Still , police / courts don’t take action against those public servants hiding crimes. Why ?Q9.why I was not permitted to appear as an “amicus curie” before jain commission of enquiry or supreme court of india probing late prime minister rajiv Gandhi assassination case ?Q10. The criminal nexus tried to silence me , by closing my news paper , by snatching away my job oppurtunities in government service, by physically assaulting me , by threatening me of false fix-ups in cases & by attempts to murder me. But no action against culprits , why ?Q11. Whereas , I was enquired number of times by police & intelligence personnel about this case , but the culprits were not enquired even once , why ?Q12.who compensates the losses I have suffered due to these injustices ? are not police responsible for it ?Q13. Is it not the duty of police to protect the lives , livelihood of witnesses & all parties involved , both during case & afterwards ?Q14. How do you monitor & check corrupt police personnel & increase in their family’s wealth year after year ?Q15. While getting appointed into government service from the rank of peon to IAS officer , police verification is mandatory. While appointing to sensitive defense establishments , research institutes in addition to police verification , central intelligence agencies cross-check candidate’s background. However is there no background checks of constitutional functionaries , MPs , MLAs , , who are privy to national secrets ? why ?Q16. Recently , the opposition parties have made allegations during presidential allegations that close relative of one of the front running candidates have swindled public money by their bank , misused public money through one of their NGO. Is it true ?Q17.has GOI funded any terrorist outfits in india or abroad ?Q18.india preaches non-violence , panchasheel principles to the world. In india , more than half the population are poor , people are starving to death. Inspite these background , GOI funded & aided terrorist outfits in former east Pakistan ensuring the creation of Bangladesh , GOI has funded & aided terrorist outfits like LTTE , TULF , ETC in srilanka , MQM in Pakistan. In turn these terrorist outfits have murdered thousands of innocents in those countries. Are these acts of GOI just & legal ? Is not GOI responsible for all those murders of innocents ? has GOI paid any compensation to those victims or their family mebers ? why not ?Q19.within india , to reduce the influence of certain terrorist groups , GOI has funded & aided couter terrorist groups , is it right & legal ?Q20. In Jharkhand , chattisgarh , etc , the government has armed , trained & funded “salwa judum” to counter naxalites. Salwa judum cadres are terrorizing innocents just like naxalites. Is this action of government just & legal ?Q21.in india, TADA , POTA is being rampantly misused by police. Even where there are no problems of terrorism , TADA / POTA is being slapped against innocents , even children. In M.M.Hills of Karnataka state , STF personnel charged tribal people with TADA on frivolous charges of taking lunch to veerappan , stiching dress for the forest brigand, etc. where as the prominent political, film , sports personalities who have links with underworld , anti national elements & attended parties hosted by dawood Ibrahim , other dons in gulf countries , else where. But these hi-fi people are not charged with TADA / POTA ? why ?Q22. Film actor sanjay dutt had contacts with underworld & fully knowing well the criminal objectives of criminals , hid the dangerous arms & ammunition in his home , which were intended for terrorizing public. However mr.dutt is not charged with TADA / POTA instead he is charged with illegal possession of arms act ( which is normally applied to farmers who use illegal home made guns to scare away animals , birds in their farms ). Why this favourable treatment of mr.dutt by police ? prosecution ? is this because dutt is politically mighty & rich ?Q23. Law is one & same for all , the public servants, police interpretes , enforces it differentially between rich & poor ? why this differentiation ?Q24.recently in Bangalore police nabbed criminals belonging to international criminal syndicate selling duplicate nokia mobiles. Every nokia mobile comes with 15 digit IMEI number , this number is also used by police for tracking criminals. In consumer dispute at consumer disputes redressal forum Mysore CD 49/05 , nokia company stated that all it’s products come with IMEI number only & stated that the product in dispute sold by tata indicom dealer M/S INTOTO COMMUNICATIONS , Mysore are not their’s as it doesn’t have IMEI numbers. Further nokia stated they don’t have any business relationship with either tata indicom or it’s dealer. However the tata indicom dealer stated that indeed his products are genuine , first hand products , but doesn’t have IMEI numbers . this proves the dealer in collusion with tata company is selling illegal nokia mobile hand sets & cheating the public. These mobiles are evading taxes , as well as these are without IMEI numbers best buy for criminal elements who want to evade police tracking. What police are doingQ25. Who , of which rank among police personnel takes the decision to close a case ie to file “B” report , when after certain time limit no leads are found in investigation ?Q26. How do you monitor corrupt police personnel , who purposefully fail to investigate case properly , so that either the case can be closed with “B” report or the prosecution fails to prove the case in court ?Q27. Who among police takes the decision to appeal against the verdict of a lower court , when the prosecution fails ?Q28. Who took the decision , not to appeal against the argentina court order acquitting mr.quatrochi accussed in bofors scandal ?Q29. Do you treat all the prison convicts same in the prison or does the notorious big time rich criminals get spacious barracks with tv, news paper , adequate food , medical care , etc while small time criminals , poor are crammed into pig sty like rooms with 60-70 inmates without any basic requirements ?Q30. What is the status of my complaint made to the DG & IG of police , government of Karnataka on 10/12/2004 ? the copies of complaint was released at press meet at patrakartara bhavan Mysore on same day, even copies were given to police & intelligence personnel ?Q31. Why no action , reply regarding the complaint till date ?Q32. Our constitutional frame workers gave legal immunity privileges to certain constitutional functionaries , so that they are not burdened with frivolous court cases & can concentrate on their constitutional duties. But these privileges doesn’t cover the individual actions of those public servants like rape , murder , dowry harassment , tax evasion , misuse of office , etc. but still law enforcement / police department is bound to send request to home ministry seeking permission & home ministry sits over files for months. This gives the accussed ample time to destroy evidences. Is it right & legal ?Q33. Does legal immunity privileges cover their official actions alone ? if not what does it cover ?Q34. What is the time limit for home ministry to give sanction for the prosecution of tainted constitutional functionaries ?Q35. How many present MPs , MLAs , MUNICIAPAL CORPORATORS , other people’s representatives are facing criminal charges ?Q36. In the past , how many MPs , MLAs , corporators were facing criminal charges , yearwise since 1987 ? how many of them were eventually convicted ?Q37. How many MPs , MLAs , prominent film , sports personalities have have contacts with underworld , foreign intelligence agencies ?Q38. How many of them have attended frequent parties hosted by underworld dons in gulf countries , else where ?Q39. How many MP , MLA , other people’s representatives are wanted by police in various cases . but shown in the police records as absconding but in reality are attending the proceedings of the house as usual ?Q40. When did smt. Sonia Gandhi became a citizen of india ? did she occupy any public office before naturalization ?Q41. In india , how many MPs , MLAs , MLCs are of foreign origin or have a spouse of foreign origin ?Q42. Does smt. Sonia Gandhi have citizenship of any other country ?Q43. Did she occupy any public office while enjoying dual citizenship ?Q44. How do you monitor public servants who have spouses of foreign origin & while they are on foreign tour , from national security perspective ?Q45. Is mr. M.S SUBBA member of parliament a citizen of india ?Q46. What is the status of complaint made by former union minister mr.subramanya swamy alleging that late P.M rajiv gandhi’s family received money from foreign intelligence agencies ?Q47. In many cases like mass riots involving certain political parties , when that culprit party comes to power all the cases involving it’s partymen are withdrawn by the government orelse prosecution fails to prove it’s case & prefers not to appeal. Just remember Bombay riot case involving shiv sainiks & others , when shiv sena – BJP came to power in Maharashtra , all the cases against it’s partymen were withdrawn. Are these type of decisions by government just & legal ?Q48.what damages has been done to india’s national security due to mole in the PMO, as alleged by former union minister mr.natwar singh ?Q49. What action by the government ?Q50. How many Indians are in the custody of police / military in various foreign countries ?Q51. How many foreigners are there in Indian prisons ?Q52. How GOI is protecting the human rights of these prisoners ?Q53. Is the government paying any compensation to victims of police failures , fix-ups , , who suffer in jail for years & acquitted by courts upon finding them as not guilty ?Q54. Do you register murder charges / attempt to murder charges against guilty police officers who are responsible for lock-up deaths , fake encounters & 3rd degree torture ?Q55. How many cases has been filed since 1987 till date ?Q56. What action has been taken against guilty police officers , STF personnel who were responsible for gross human rights violations , 3rddegree torture , lock-up deaths of innocents in forest brigand veerappan’s territory , based on justice A.J.Sadashiva commission findings ? if not why ?Q57. I , as a citizen of india as my “fundamental duty” hereby do offer my conditional services to GOI & GOK to apprehend corrupt public servants. Are you ready to utilize my services ?Q58. Police personnel are always in the forefront of containing crimes , mass fury , riots , etc. they suffer more & even their family members suffer threats from the criminal elements. Do the government provide insurance coverage to police & their family members on the lines of defense forces ?Q59. What is the amount of coverage to a police constable & his family ?Q60. Who makes the premium contributions ?Q61. Do the government provide overtime allowance , food allowance to police who daily work beyond 8 hours of duty ?Q62. Is the government giving any training to police personnel in public interaction , human rights ?Q63. Is it right to post professionally trained police to sentry , orderly duties of ministers ?Q64. What is the ratio of police personnel to total population in india since 1987 ?Q65. IS THE GOVERNMENT GIVING ADEQUATE FOOD, MEDICAL CARE , CLOTHING , LIVING SPACE TO PRISON INMATES , AS REQUIRED BY A NORMAL HUMAN EING ACCORDING TO W.H.O NORMS ?Q66. Is the forensic science department which conducts narcfo-analysis , lie-detector test , etc under the control of police department ?Q67. Is it not right to put it under impartial control of NHRC or like bodies ?Q68. Is the action of some police officers arranging compromise meetings & subtly insisting the poor to tow the line of rich or else face the consequences , is it right & legal ? this happens mostly in real estate matters.Q69. Did government make any ransom payments to forest brigand veerappan during his various kidnappings ?Q70. What action has been taken based on revealations by karim telgi during narco analysis about public servants involvement ?Q71. How many cases of allegations against judges were made in the media about misuse of office , criminal acts by judges from munsiff court to supreme court of India ? since 1947 till dateQ72. are the enquiry report findings, action taken reports of such cases accessible to public ? if not why ?Q73. what action has been taken against guilty judges ?Q74. are the guilty judges legally prosecuted in all such cases ? or has it just ended with their resignation from services or his superior judge not allotting him any judicial work ?Q75. why some high ranking judges are not legally prosecuted for their wrong doings ?Q76. are judges above law ? are not everybody equal before law ?Q77. do the judiciary subject , all the cases handled by accussed / tainted , guilty judges to review , to undo past unjust judgements ?Q78. how ? if not why ?Q79. how do the judiciary monitor the net wealth growth of some judges including the wealth in the name of judge’s family members ?Q80. do all the judges file their annual income , wealth statements on sworn affidavits to the higher judiciary ? defaulters how many ?Q81. how does the judiciary verifies those statements ?Q82. is such statements made public , on web ?Q83. when the judgement of a lower court is turned down by the higher court , what action is initiated against lower court judge for making unjust judgement & meating out injustice ?Q84. when allegations of corruption , misuse of office , etc against judges are made , why the accussed – judges are not subjected to tests like “poly graph , lie detector , brain mapping , etc” , in the interest of justice & truth ?Q85. judges are not employees of government , so they are ineligible to be the members of “Karnataka state government judicial department house building co-operative society”. Then how come , many judges including supreme court judges are admitted as members of this society & allotted prime residential site worth crores of rupees for a few thousands by the said society at said society’s – judicial layout , yelahanka , Bangalore ? while the ordinary members like peons , clerks in judicial department are waiting for a site since years , is not the whole thing grossly illegal ?Q86. in more than 70% of cases before all courts in India , central government or state government or government agency is one of the parties. How many judges or their family members , have received out of turn , favourable allotments of sites , gas agency , petrol pumps , etc by the government ? is not such allotments illegal ? what action ?Q87. when a person under police custody or judicial custody suffer 3rd degree torture by police , is not the judge of the respective court which is handling that tortured person’s case responsible for it ?Q88. has the higher judiciary legally prosecuted respective judges & the police officers for committing 3rd degree torture , on charges of attempt to murder & murder ? if not why ?Q89. registrar , Mysore district & sessions court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADMN/A/10825/2003 dated 19/11/2003. Please furnish me the merit ranking list of selected candidates along with my merit ranking for the post of peon.Q90. registrar , Bangalore city civil court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADM-I(A)422/03 dated 19/05/2003. Please furnish me merit ranking list of selected candidates for the post of peon.Q91. when a person doesn’t get adequate food , medical care while under police custody or judicial custody , is not the respective judge dealing that person’s case responsible for it ? what action ?Q92. how judiciary is monitoring food & medical care to prisoners ?Q93. numerous accussed persons are suffering in jail under judicial custody , for periods far exceeding the legally stipulated sentence periods. For example : a pick-pocketer is in jail for one year , the judge finds him guilty of offence & gives him 3 months sentence. What about the excess punishment of 9 months. Is not the judge responsible for the illegal , excess punishment of the convict ? what action against the judge in such cases ?Q94. numerous innocents suffer in jail for years & finally the judge finds them as innocents & acquits them of the charges. What about the prison sentence , the innocent has already served ? is not the judge responsible for this illegal , unjust punishment to an innocent ? remedy ? what action against the judge ?Q95. does the privileges of judges cover both their official actions & the actions arising out of misuse of office ?Q96. does the privileges of judges cover both their official actions as judges & their personal actions as individuals ?Q97. are the fundamental rights of citizens supreme or the privileges of judges , constitutional functionaries supreme ?Q98. what is the criteria adopted for promotion of judges ?Q99. what is the criteria adopted for appointment of advocates from bar , as the judges ?Q100. what is the criteria adopted for appointment of retired judges , as governors of states , members or as chairman of commissions , etc ?Q101. how many judges belonging to oppressed classes – scheduled caste , scheduled tribe , other backward classes , minorities & women are their in supreme court , state high courts & subordinate courts ? kindly provide specific figures .Q102. what are the legal measures enforced by judiciary , to enforce the accountability of judges & to check corruption in judiciary ?Q103. are not these measures a failure , looking at present state of affairs of judiciary ?Q104. does the judges arrange for distribution of alchoholic drinks at the official meetings , parties , at the tax payer’s expense ?Q105. does any judges have included their consumption of alchoholic drinks , in their hotel bill & claimed traveling allowance ?Q106. what action has been taken against – selectors ie Karnataka high court judges & newly selected women judges involved in roost resort scandal in Mysore , Karnataka ?Q107. when common people / tax payers & even government employees are not getting proper health care from government at government hospitals. Is it right & just to provide premium health care to judges , constitutional functionaries at 5-star private hospitals in India , abroad , all at tax payer’s expense ?Q108. are the judges subjected to periodical health check-ups to ascertain their health , mental faculties & mental balance in the midst of all work pressures , emotional tensions ?Q109. what is the criteria adopted by judiciary for accepting applications seeking public interest litigations ?Q110. why numerous appeals for PIL by me , were not considered ?Q111. what is the criteria adopted by judiciary , for appointing “amicus curie” in a case ?Q112. why my appeal to honourable supreme court , to make me as an “amicus curie” in late P.M Rajiv Gandhi’s assassination case , was not considered by the court ?Q113. what is the criteria adopted by judiciary , for initiating suo-motto action ?Q114. numerous cases of injustices are reported in the media daily , with supporting evidences . why not the judiciary take suo-motto action in all such cases ?Q115. legal aid boards pre-judge the cases in the name of taking legal opinion , before providing legal aid to the needy ? is it not needy person’s rights violation ?Q116. is not the safety of witnesses , parties in cases responsibility of the court , both during hearing of the case & afterwards ?Q117. is the use of 3rd degree torture by police on prisoners , during the police custody / judicial custody / prison sentence right ? what action ?Q118. when the corrupt police officer & government prosecution advocate together cover-up evidences , conducts improper investigation intentionally to fail the case – to cover-up rich crooks , high & mighty people , what action judge takes in such cases ?Q119. how does the judiciary monitor the wealth growth of police , government advoctes , tax officials , officials of licensing authorities , to ensure proper & fair prosecution of cases against rich & mighty ?Q120. what are the status of appeals made by human rights activist NAGARAJ.M.R. to the honourable supreme court of India ?Q121. corruption is rampant for selection of officers to quasi-judicial positions like district / taluk magistrates , tax officers , revenue officers , land acquisition officers , etc. how the judiciary monitors over their quasi-judicial actions ?Q122. subject to conditions , I , NAGARAJ.M.R. , editor , e-voice of human rights watch , do offer my free services to honourable supreme court of India , to apprehend corrupt judges , are you – the honourable court ready to utilize it ?Q123. what are the status of my appeals , sent to the honourable supreme court of India , through government of india’s on-line grievance system ( DPG & DARPG ) :DPG/M/2006/80008 , DARPG/E/2006/00057, DARPG/E/2006/00225 , DPG/M/2006/80021 , DARPG/E/2006/00253 , DPG/M/2006/80032 , DARPG/E/2006/01149 , DPG/M/2006/80047 , DARPG/E/2006/01164 , DPG/M/2006/80043 , DPG/M/2006/80085 , DARPG/E/2006/06704 , DARPG/E/2006/07017 , DARPG/E/2006/07018 , DPG/M/2006/80159 , DPG/M/2006/80162 , DARPG/E/2006/07864 , DPG/M/2006/80165 , DARPG/E/2006/07877 , DPG/M/2006/80167 , DARPG/E/2006/08028 , DARPG/E/2006/08029 , DARPG/E/2006/08032 , DARPG/E/2006/08043 , DARPG/E/2006/08044 , DPG/M/2006/80174 , DPG/M/2006/80193 , DARPG/E/2007/00044 , DPG/M/2007/80003 , DPG/M/2007/80010 , DARPG/E/2007/00164 , DARPG/E/2007/00165 , DPG/M/2007/80014 , DPG/M/2007/80025 , DPG/M/2007/80049 , DPG/M/2007/80055 , DPG/M/2007/80056 , DPG/M/2007/80078 , DPG/M/2007/80082 , DARPG/E/2007/02618Q124. the appeals made to the honourable supreme court of India , copies of which are available at following web pageshttp://groups.yahoo.com/group/naghrw/message/182 ,http://groups.yahoo.com/group/naghrw/message/206 ,http://groups.yahoo.com/group/naghrw/message/208 ,http://groups.yahoo.com/group/naghrw/message/212 ,http://groups.yahoo.com/group/naghrw/message/209 ,http://groups.yahoo.com/group/naghrwwhat are the status of those appeals ?Q125. in the media , we have seen reports about judges committing crimes – rape , attempt to murder , swindling government money , untouchability practice , the disrespect to national flag , sale of judicial orders , bail , receipt of monetary gains by way of royalty for books , prime real estate purchase at discounted rate , taking round about long foreign tours along with family in the name of official work , etc. by this way , judges themselves are making contempt of court , constitution of India & citizens of India. How you are protecting the honour of the judiciary , constitution of India & citizens of India ? please answer.Q126. Is the government giving any facilities / affirmative actions to policemen’s family as being given to defense personnel , ex-servicemen & their families , like preferential site allotment , lpg agency , ration depot , reservation in college admission , soft bank loans , etc ?Q126. if not , why ? after all , the contribution of police to national security is on par with defense forces.Q127. is not some high police officials addressing their subordinates in singular term , abusing them with vulgar words wrong ?Q128. is not some police personnel calling public with singular term, abusing public with vulgar words wrong ?Q129. is it not the duty of prison authorities to protect the health, lives of prison in-mates ?Q130.what action is taken against police personnel who wrongly charged an innocent person of criminal acts , resulting in his confinement in jail , finally acquitted by court as found to be innocent ?Q131. is it not right to with hold salary , gratuity , pension to such guilty police personnel & pay it as compensation to victims of police failures & atrocities ?Q132. does our Indian constitution legally permit a citizen of foreign origin naturalized by marriage to an Indian or naturalized by option , to occupy any constitutional office ?Q133. during british rule in india & various other british colonies , criminal cases were foisted against our freedom fighters in India & other british colonies. After india’s independence what happened to those cases ? did our Indian government close all such cases or did it continue with the prosecution ?Q134. in how many cases GOI & other state government continued with the prosecution AGAINST OUR FREEDOM FIGHTERS ? why ?Q135. what about the status of cases against shri.netaji subash Chandra bose ?Q136. has GOI deported any freedom fighters to Britain or it’s colonies , to face prosecution after India gained independence ? HAS GOI RECEIVED ANY REQUEST FROM BRITAIN TO THAT EFFECT ? if yes , why , whom ?Q.137. the honourable supreme court of India failed provide information to me as per my RTI request appeal no : 91 / 2007 in response to your letter no : F1 / RTI / A.91 / 2007 dt 13.12.07 , why ?Q138 . the honourable union home secretary failed to give me information as per my rti request , he transferred my application to others , in turn they transferred the application to some others. Finally , complete truthful information was not given , why ? as the union home secretary has got copies of all those replies in response to transferred RTI application , will he send me a consolidated reply to my present RTI request ?Q139. in a high profile case before the honourable delhi high court , we have seen how defense advocate mr. R.S.ANAND & prosecution advocate mr. I.U.KHAN made a secret pact to win the case in favour of rich criminal , totally manipulating prosecution witnesses , evidences & prosecution stand , totally making mockery of justice system . how you are ensuring the delivery of justice , there being numerous such advocates in practice ?Q140. Smt. Sonia Gandhi is person of foreign origin , she wields enormous clout more than the Prime Minister himself over the government of India being the chair person of UPA. Is she legally permitted to summon confidential official records , minutes of the cabinet , to hold the cabinet meeting of union ministers ?Q141. As per law , is she permitted to hold constitutional offices like prime minister of India or president of India , etc ?Q.142. What are the fundamental rights of a citizen guaranteed under the constitution (Article 21) ?

Q143. What are the privileges conferred on legislators & parliamentarians by the constitution of India?

a) Inside the House b) Outside the House

Q144. What are privileges conferred on constitutional functionaries, like

Q148. Are the liberty & fundamental rights of the citizens guaranteed by the constitution, above the privileges of the constitutional functionaries or equal or below ?

Q149. Can the Indian legislatures & parliament be equated to the House of commons in England which is considered to be a superior court and court of records ?

Q150. Can the division of powers, namely the legislature, the executive and the Judiciary, be equated to the functioning of the House of commons and House of Lords in England ?

Q151. Can a citizen be said to have committed breach of privilege of the House or court and causing contempt of the house or court by raising the issues of accountability of constitutional functionaries ?

Q152. Can a Legislature or Parliament enact a new law, to circumvent or to nullify the Judicial orders with respect to wrongdoings by peoples representatives & executive ? does not it amount to infringement of Judicial powers & contempt of the court by the House.

Q153. Are the FUNDAMENTAL DUTIES of a citizen more important than constitutional duties of a constitutional functionary or equal in importance to it ?

Q154. Can a constitutional functionary commit crimes, anti-national activities in the name of constitutional duties, behind the legal veil of official’s secret act & go unaccountable for his actions and go unpunished by his legal immunity privileges

Q155. Are the Legislators members of parliament, High court & Supreme court Judges and other constitutional functionaries not willing to codify their privileges for the reason that if codified their privileges would be curtailed and their action would be subjected to legal scrutiny. ?

Q156. By votes of citizens Legislators and parliamentarians get seats in the legislature and Parliament out of tax payer’s money, they get their pay, perks & lead 5-Star luxurious lifestyles. Hence whether a vote of a citizen is above (More valid) or a seat of legislator or parliamentarian is above or more valid in a democracy ?

Q157. Judges & Constitutional functionaries are indirectly appointed by voters / tax payers. Out of tax payers money, they get their pay, perks & lead 5-star luxurious lifestyles. Hence, whether the vote of a citizen, fundamental duties of a tax payer is above (more valid) or a seat of judge / constitutional functionary is above (morevalid) in a democracy ?

Q158. If there is a vacuum in the Legislature or parliament, who is to fill up that vacuum till such time that the legislature or parliament acts provide a solution by performing its role by enacting proper legislation to cover the field (vacuum) ?

Q159. While it is an unhealthy practice for a Judge to claim to be a Judge in his own cause, is it not worse for the members of the legislature and parliament to be judges in their own cause ?

Q160. Are the Technicalities of the case more important to a judge or Justice to a citizen, protection of fundamental rights of citizen.?

Q162. Why not the Judges admit various cases of Injustices affecting public, as the Public Interest Litigation” ? In some cases, the Public or the person representing them is unable to afford the high cost of the case. Why not free legal aid is given ?.

Q163. What is the criteria for admitting a P.I.L. & giving free legal aid ?

Q164. Communication – free flow of information is the lifeline of a democracy. Why the constitutional functionaries are not honouring the Right to Information of Citizens ?Q165. Recently , while assuming office as honourable chief justice of Karnataka , justice. P.D.DINAKAR , gave a blanket withdrawal of all internal departmental enquiries against approximately 200 judges , is it just & legal ? give me the names of accused judges & description of charges against them ?Q166. does it not show that judges are more equal than others ?Q167. who are involved in PF scam ? what action against guilty judges ?Q168. Why you did not give information to me as per RTI Act inspite of appeal ? refer. F1/RTI/A91/2007.Q169. Almost a year ago , in the Karnataka state new chief justice of Karnataka high court honble Mr.Dinakar (now elevated to supreme court of India) just on assuming offices within hours scrapped disciplinary inquiry proceedings against 200+ erring judges. In such a short time no human being can study all the cases in detail , then how come he arrived at this vital decision in such short time? Who are those 200+ judges facing enquiry ?Q170 .Recently in the Karnataka state , high court found out that a district judge without conducting hearings properly , entering fictious dates of hearings (which happens to be government holidays ) facilitated in exonerating a top politician . has the court enquired into the previous judgements of the accussed judge ? did it find any wrongdoings?Q171. As per law , while on duty a person should not be drunk , under the influence of alchohol , as it limits the functioning of his senses & brain. That is why the acts & sayings of drunkards , committed / said when they are drunk are not taken seriously. However most of the police officers after evening hours are drunk , in that state only they apprehend many suspects & produce those suspects at the residences of magistrates before magistrate during wee hours / night. Some of of the judges are also drunk during that time. Does the senses of drunken police & judges work properly to do their respective duties in identifying criminals , apprehending them & to issue judicial orders. Are these actions of police & judges in drunken state legal ?

Q 172 . What action has been taken in bhopal gas leak case against the guilty police officials who changed the charge sheet against union carbide officials ?

Q 173 . What action has been taken against guilty police officials , district magistrate , state ministers & central ministers who fully aided the criminals – Union Carbide official Mr. Anderson to escape law , to jump bail & flee the country without court’s permission ?

Q 174 . What action has been taken against the above said guilty with respect to their contempt of court & for aiding a criminal to escape ?

Q 175. What action has been taken against the chief justice of India , who changed the legal clause under which the guilty should be tried ? what action has been taken against the CJI who became an official of the trust belonging to the criminal ?

Q 176 . What action has been taken against the Indian Public servant who decided to withdraw cases from US Courts with respect to Bhopal gas tragedy ?

Q 177 . What action has been taken against the state labour department & pollution control board officials who have failed in their duties , inspite of earlier warnings by journalists ?

Q 178 . What action has been taken against state cabinet ministers who decided the quantum of compensation money to favour the criminal although they don’t have right to do so ?

Q 179 . What action has been taken against Presiding Judge of the trial court , Chief Justice of India , state police officials , public prosecutors & Central Bureau of Investigation officials who kept quite all along and didn’t press for the extradition of the criminal Mr.Anderson , for producing the criminal accussed no.1 before the trial court ?

Q 180 . Is it not SHAMEFUL for the judiciary , police , government officials & people’s representatives who became part of Operation Crime Hush Up & aided criminals responsible for ghastly murders of thousands & maiming of lakhs of hapless public in Bhopal Gas Leak Tragedy?

Q 181 . Are these Corrupt Police , corrupt judges , corrupt ministers , corrupt labour / pollution control board officials HUMAN BEINGS ?Q 182 Why police are not registering my complaint against CJI & other VVIPS ,Even after years ?Q 183 don’t the police of vijayanagar police station mysore have legal jurisdiction to register the case against these VVIPs ? or just because the criminals happens to be VVIPs ,they are not booked by police? If the said police don’t have legal jurisdiction to book these VVIPs , they should have transferred the complaint to those authorities who have jurisdiction & authority to book & prosecute these VVIPs , but not done so , why ?Q 184 are not all these actions , of VVIPs & police amounting to cover up of crimes & criminals ? are not these cover ups itself is a crime ?Q 185. Even an appeal for justice by post card must be treated as PIL by courts of justice . however my appeals for justice concerning public welfare , national security sent through post , e-mail to supreme court of india are not admitted as Public interest litigation , why ? does not these acts of Supreme court amount to aiding criminals , anti nationals?Q 186 Are not the honourable chief justice of india together with the jurisdictional police & Revenue district magistrate responsible to protect the fundamental & human rights of people ? why the CJI , Mysore DC & Jurisdictional Police have failed to protect the fundamental & human rights of people including mine ? For all the previous injustices I have suffered at the hands of the criminal nexus Honourable CJI , Mysore revenue district magistrate & jurisdictional police are together responsible , if anything untoward happens to me or to my family members or to my dependents the quartet – Honourable Chief Justice of India , Honourable District Magistrate , Mysore , Honourable Police Commissioner of Mysore city & Circle Inspector of police , vijayanagar police station , mysore will be responsible .

These corrupt parasites will feel , understand the pain only when they also suffer in the same manner. Let us pray to almighty – In whose Court of justice MATCH FIXING is not there & every body is equal , let us pray to that god to give these corrupt parasites ghastly deaths nothing less nothing more.

YEAR TO WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 1995-2015 .

PUBLIC INFORMATION OFFICER WHO FAILED TO GIVE FULL INFORMATION:

CPIO , SUPREME COURT OF INDIA , NEW DELHI.

FEES PAID : IPO 16G 733465 for rupees TWENTY only

DATE : 28.03.2015 ……………..………………………NAGARAJA.M.R.

PLACE : MYSORE , INDIA….. ……………………….( APPLICANT)

Scrapping collegium was right decision: Justice Chelameswar

In a lone yet strong judgement of dissent against the 'judges-selecting-judges' collegium system, justice J Chelameswar said appointment of judges should not remain the exclusive domain of judiciary and the government and members of civil society must have a say in it.

Faulting the functioning of the collegium system, he said while it had no accountability, there were instances where it failed too. He said there was an urgent need for comprehensive reform in the present system and lamented that the Supreme Court did not approve NJAC, which was a step in that direction.

"The nation has witnessed many unpleasant events connected with judicial appointments - events which lend credence to the speculation that the system established by the second and third judges cases in its operational reality is perhaps not the best system for securing an independent and efficient judiciary," he said.

Terming the collegium system as non-transparent, he said, the correspondence between the government and the CJI, and the record of the consultation process are some of the best guarded secrets of this country.

"Transparency is an aspect of rationality. The need for transparency is more in the case of appointment process. Proceedings of the collegium were absolutely opaque and inaccessible both to public and history, barring occasional leaks," he said.

"The records are absolutely beyond the reach of any person including the judges of this court who are not lucky enough to become CJI. Such a state of affairs does not either enhance the credibility of the institution or good for the people of this country," Justice Chelameswar said

The judge said the judiciary cannot claim to be sole protector of people's right and referred to instances where the Supreme Court failed to live up to citizens' expectation in preserving their liberties. He said "in difficult times when political branches cannot be counted upon, neither can the judiciary".

"To assume or assert that judiciary alone is concerned with the preservation of liberties and does that job well, is an assumption that is dogmatic, bereft of evidentiary basis and historically disproved... To wholly eliminate the executive from the process of selection would be inconsistent with the foundational premise that government in a democracy is by chosen representatives of the people," he said.

He said that fiasco created by collegium in appointment of Dinakaran in SC and appointment of a HC judge in Madras HC are part of judicial records but there are many other cases when undeserving people were appointed judges.

"A few more instances were mentioned at the bar during the course of hearing to demonstrate not only the shallowness of the theory but also the recommendations by the Collegium have not necessarily always been in the best interests of the institution and the nation. It is not really necessary to place on record all the details but it is sufficient to mention that the earlier mentioned two cases are not certainly the only examples of the inappropriate exercise of the power of the collegium," he siad.

"The fiasco created in Dinakaran case and Shanti Bhushan case would justify the participation of the members of the civil society in the process to eliminate from the selection process the maladies involved in the process. The abovementioned two are not the only cases where the system failed," it said.

"I only part with this case recollecting the words of Macaulay - reform that you may preserve. Future alone can tell whether I am rightly reminded of those words or not," he said while concluding his judgement.

Constitution’s will upheld

Instead of seeing the NJAC verdict as one that leads to a confrontation between the Parliament and the judiciary, the executive must use this as an opportunity to help the Supreme Court in preparing an institutional design so that appointments are fair and transparent.

Two days after the Supreme Court pronounced its verdict on the 99th Constitution Amendment Act and the National Judicial Appointments Commission (NJAC), declaring them to beultra viresthe Constitution, the Finance Minister, Arun Jaitley, said in his blog, “Indian democracy cannot be a tyranny of the unelected and if elected are undermined, democracy itself would be in danger.”

Law Minister Sadanand Gowda, immediately after the pronouncement of the judgment by the Constitution Bench, said that he was surprised by the verdict. He went on to say, “the NJAC was completely supported by Rajya Sabha and Lok Sabha; It had 100 per cent support of the people.” Telecommunications Minister Ravi Shankar Prasad — earlier the Law Minister who vigorously worked for the NJAC Bill — remarked that parliamentary sovereignty has received a setback. Attorney-General Mukul Rohatgi echoed similar sentiments when he said, “It is a flawed judgment ignoring the unanimous will of the Parliament, half the State Legislatures and the will of the people for transparency in judicial appointments.”

Questions on judicial review

The reaction of the executive to the NJAC verdict raises the fundamental question: Should the exercise of power of judicial review depend upon the will of the Parliament?

Indian Constitution, unlike the Constitutions of United States of America and Australia, does not have an express provision of separation of powers but its sweep, operation and visibility are not unclear. While it is the Parliament’s prerogative to amend the Constitution and make laws, the duty to decide whether the basic elements of the constitutional structure have been transgressed has been placed on the judiciary.

Once the legislature has done a ‘legislative’ act, the constitutionality of such an act can only be decided through the process of judicial review and there can be no rule of law without such a provision. In other words, the power to strike down offending amendments to the Constitution on the touchstone of basic structure can be exercised by the superior judiciary alone, uninfluenced by the will of the Parliament. The rule of law would cease to have any meaning if the discharge of judicial functions is seen as thwarting the will of the people represented by the elected legislatures. Any attempt to reconcile judicial review with the will of representatives of people is sure recipe for destruction of the rule of law.

Our Constitution has given the power of judicial review to the unelected superior judiciary to declare ‘unconstitutional’ a legislative act, once it is found to be violative of the basic structure. It would be a sad day for our democracy if the exercise of judicial function is made dependent on the will of the representatives of people. What remains of democracy if there is no rule of law? The institutional arrangement at the heart of our democracy provides that the will of the people, as reflected in the decisions their elected representatives, is subject to the will of the Constitution, as reflected in the decisions of an independent judiciary.

In the words of Alexander Hamilton, one of the framers of American Constitution, “where the will of the legislature declared in the statutes is in opposition to the Constitution, the judges ought to be governed by the latter, rather than former.” This means that demands of the Constitution can override the wishes of the people expressed through elected governments. These are at the very core of a democratic commitment to judicial independence and constitutional supremacy.

Parliamentary supremacy refers to the power of Parliament to make laws within the limits imposed by the Constitution. It also denotes the supremacy of Parliament over the executive, primarily through the accountability of the Council of Ministers to Parliament. Judicial review of the constitutional validity of laws is also an integral part of a parliamentary democracy.

All the three organs of the state derive the power and jurisdiction from our Constitution. Each must operate within the sphere allotted to it. Judicial function is also a very important sovereign function of the state and provides the foundation for rule of law. When a verdict such as that striking down the NJAC comes, the ebb and flow, the critical scrutiny and the inherent relational tensions are not surprising. They must be handled deftly and with maturity.

Judicial independence is a central goal of most legal systems, and the mode of appointment of judges is seen as a crucial mechanism to achieve this goal. While in all democracies of the world, there is near-universal consensus on the importance of judicial independence, legal systems utilise a wide range of selection mechanisms — the split model, the collaborative model, the parliamentary model, the judicial self selection model and the judicial appointments commission model — in practice. Often, they reflect different conceptions of independence of judiciary.

The diversity of constitutional ethos in different countries suggests that it may not be a good idea to borrow other systems for the selection of judges. It is not wholly correct to say that judges appoint judges in India as consultative participation of the executive is present in the institutionalised procedure prescribed after theThird Judgescase, but assuming it to be so, ours is perhaps the only country where the government is the biggest litigant before the courts.

We are one of the very few countries where actions of the political executive in diverse fields — ranging from violation of human rights to wrongful distribution of natural resources and wide range of issues which have huge political ramifications — are brought before the superior judiciary in the public interest litigation. Can judges who are appointed with the direct say of the government be relied upon to deliver neutral and high-quality decisions in such matters? It is no exaggeration to say that appointment processes shape the ability of courts to hold political institutions to account.

Veto to non-judicial members

In theSecond Judgescase, the nine-judge Bench exposited that appointment of judges to High Courts and the Supreme Court forms an integral part of the basic structure of our Constitution, and therefore, the executive cannot interfere with the primacy of judiciary in the matter of appointments. The NJAC’s flawed composition consisted of the fact that it merged certain components, reflected in the inclusion of Law Minister and two eminent persons and giving any two members the power to veto the decision of the other four. This directly affected the independence of judiciary in the judicial appointments process. Had the Parliament maintained the primacy of the judiciary while providing for the entire scheme of working of the NJAC, the decision may have been different.

It is true that while legislatures respond to the urgings of the people, the judges serve only for justice — for them justice is the only mandate. I see the NJAC verdict as a demonstration of constitutional compliance and not of the judiciary flexing its muscles to knock out the people’s will. For me, democracy is enhanced when judiciary effectively fulfils its constitutional mandate. Democratic values are strengthened not only by a strong legislature but also by a strong judiciary so that together a mutually respectful and independent partnership on the public’s right to justice is maintained.

While I admire the well crafted article “Usurping Parliament’s Power,” written by Abhishek Manu Singhvi , I find myself unable to agree with his reasoning. However, I agree with him that judicial appointments need fresh air and an innovative and objective set of inputs. That is what I felt as the Chief Justice of India. I wanted to institutionalise the best practices that would bring fairness and transparency in the appointment of judges to the superior judiciary. I had a long meeting with Chris Stephens and Lord Toulson, Chairperson and Vice Chairperson respectively, of Judicial Appointments Commission, England and Wales to understand their working in the judicial appointments.

The judges who delivered the judgment in the NJAC case also hold the view that an improvement in the working of the collegium system is the need of the hour. They have proposed a hearing on this aspect on November 3.

Instead of seeing the NJAC verdict as one that leads to a confrontation between the Parliament and the judiciary in the matter of the appointment and transfer of judges of the superior judiciary, the executive must use this as an opportunity to help the Supreme Court in preparing an institutional design so that all appointments by the collegium meet the tests of fairness and transparency and all selections are made solely on merit with an encouragement provided to the diversity in the persons available for selection. Appoint good judges; the rest will follow.

A five-member Constitutional Bench of the Supreme Court, with its 4-1 verdict against the 99th Constitutional Amendment and the National Judicial Appointments Commission Act, has triggered an intense debate among legal experts, the Central government and political parties. Against this backdrop, we bring you excerpts from the strongly-worded opinion against the judgment penned by Justice Jasti Chelameswar, the lone dissenting voice of the Bench

We the members of the judiciary exult and frolic in our emancipation from the other two organs of the State. But have we developed an alternate constitutional morality to emancipate us from the theory of checks and balances, robust enough to keep us in control from abusing such independence? Have we acquired independence greater than our intelligence, maturity and nature could digest? Have we really outgrown the malady of dependence or merely transferred it from the political to judicial hierarchy? Are we nearing such ethical and constitutional disorder that frightened civil society runs back to Mother Nature or some other less wholesome authority to discipline us? Has all the independence acquired by the judicial branch since 6th October, 1993 been a myth — a euphemism for nepotism enabling inter alia promotion of mediocrity or even less — are questions at the heart of the debate in this batch of cases by which the petitioners question the validity of the Constitution (99th Amendment) Act, 2014 and The National Judicial Appointments Commission Act, 2014.

Fortunately, there is no difference of opinion between the parties regarding the proposition that existence of an independent judiciary is an essential requisite of a Democratic Republic. Nor is there any difference of opinion regarding the proposition that an independent judiciary is one of the basic features of the Constitution of India. After some 20 years of the working of the regime created under the Second Judges case (Collegium system), serious questions arose whether the regime emanating as a consequence of the interpretation placed by this Court, yielded any constitutionally aspired result of the establishment of an independent and efficient judiciary — CONSTITUTIONAL COURTS. Answer regarding independence can be subjective, and efficiency, perhaps, may not be very pleasant.

Within a few years doubts arose regarding the true purport of the Second Judges case. The President of India invoked Article 143 and sought certain clarifications on the judgment of the Second Judges case leading to the opinion of this Court. Unfortunately, the factual matrix on which doubts were entertained by the Government of India are not recorded in the opinion. But para 41 of the Third Judges case records: “. …We take the optimistic view that successive Chief Justices of India shall henceforth act in accordance with the Second Judges case and this opinion.” No wonder, gossip and speculations gather momentum and currency in such state of affairs. If a nine-Judge Bench of this Court takes an optimistic view that successive Chief Justices of India shall henceforth act in accordance with the Second Judges case, the only logical inference that can be drawn is that the law laid down by the Second Judges case was not faithfully followed by the successive Chief Justices, if not in all, at least in some cases attracting comments.

In the next one-and-a-half decade, this nation has witnessed many unpleasant events connected with judicial appointments — events which lend credence to the speculation that the system established by the Second and Third Judges cases in its operational reality is perhaps not the best system for securing an independent and efficient judiciary. I am aware that a few bad examples of the improper exercise of power does not determine the character of the power. Such inappropriate exercise of power was resorted to also by the Executive already noticed earlier. Both branches of government are accusing each other of not being worthy of trust. At least a section of the civil society believes that both are right. The impugned AMENDMENT came in the backdrop of the above-mentioned experience.

Articles 124 and 217 deal with one of the elements necessary to establish an independent judiciary — the appointment process. The system of Collegium, the product of an interpretative gloss on the text of Articles 124 and 217 undertaken in the Second and Third Judges case, may or may not be the best to establish and nurture an independent and efficient judiciary. There are seriously competing views expressed by eminent people, both on the jurisprudential soundness of the judgments and the manner in which the Collegium system operated in the last two decades. Neither the jurisprudential correctness of the concept of Collegium nor how well or ill the Collegium system operated in the last two decades is the question before us. The question is — whether such a system is immutable or is Parliament competent to amend the Constitution and create an alternative mechanism for selection and appointment of the members of CONSTITUTIONAL COURTS of this country.

By the very nature of the basic feature with which we are dealing, it does not confer any fundamental or constitutional right in favour of individuals. It is only a means for securing to the people of India, justice, liberty and equality. It creates a collective right in favour of the polity to have a judiciary which is free from the control of the Executive or the Legislature in its essential function of decision making. The challenge to the AMENDMENT is required to be examined in the light of the preceding discussion. The petitioners argued that (i) Independence of the judiciary is a basic feature (COMPONENT) of the basic structure of the Constitution; (ii) the process of appointment of members of constitutional courts is an essential ingredient (ELEMENT) of such COMPONENT; (iii) the process prescribed under unamended Articles 124 and 217, as interpreted by this Court in the Second and Third Judges cases, is a basic feature and was so designed by framers of the Constitution for ensuring independence of the judiciary, by providing for primacy of the opinion of the CJI (Collegium); and not of the opinion of the President (the Executive); (iv) the AMENDMENT dilutes such primacy and tilts the balance in favour of the Executive, thereby abrogating a basic feature, leading to destruction of the basic structure.

The prime target of attack by the petitioners is Section 2(a) of the AMENDMENT by which the institutional mechanism for appointment of judges of constitutional courts is replaced. According to the petitioners, the AMENDMENT is a brazen attempt by the Executive branch to grab the power of appointing Judges to CONSTITUTIONAL COURTS. Such shift of power into the hands of Executive would enable packing of the CONSTITUTIONAL COURTS with persons who are likely to be less independent. It is further argued that the principles laid down in the Second and Third Judges cases are not based purely on the interpretation of the text of the Constitution as it stood prior to the impugned AMENDMENT but also on the basis of a fundamental Constitutional principle that an independent judiciary is one of the basic features of the Constitution. The procedure for appointment of the Judges of the CONSTITUTIONAL COURTS is an important element in the establishment and nurturing of an independent judiciary. Such conclusion not only flows from the text of the Articles 124 and 217 as they stood prior to the impugned AMENDMENT but flow from a necessary implication emanating from the scheme of the Constitution as evidenced by Articles 32, 50, 112(3)(d), 113(1), 203(1), 125(2), 221(2) etc.

Mr Nariman, learned Senior Counsel appearing for one of the petitioners, emphatically submitted that he is not against change of the mechanism provided under Articles 124 and 217. He submitted that this aspect of the matter fell for consideration of Justice MN Venkatachaliah Commission, which also recommended creation of a National Judicial Appointments Commission but with a slightly different composition. If really Parliament wanted to change the mechanism for the selection of the members of the superior judiciary, the model recommended by the Justice MN Venkatachaliah Commission could well have been adopted. According to Mr Nariman, the model identified by Venkatachaliah Commission is more suitable for preservation of independence of the judiciary than the model adopted in the AMENDMENT. Mr Nariman further argued that no reasons are given by the Union of India explaining why recommendations of the Justice MN Venkatachaliah Commission were not accepted.

Primacy of the opinion of judiciary in the matter of judicial appointments is not the only means for the establishment of an independent and efficient judiciary. There is abundance of opinion (in discerning and responsible quarters of the civil society in the legal fraternity, jurists, political theorists and scholars) that primacy to the opinion of judiciary is not a normative or constitutional fundamental for establishment of an independent and efficient judiciary. Such an assumption has been proved to be of doubtful accuracy. It is Parliament’s asserted assumption that induction of civil society representation will bring about critically desirable transparency, commitment and participation of the ultimate stakeholders — the people, the fountain of all constitutional authority, to ensure appointment of the most suitable persons with due regard to legitimate aspirations of the several competing interests.

Various democratic societies have and are experimenting with models involving association of civil society representation in such selection process. Assessment of the product of such experiments are however inconclusive. The question is not whether the model conceived by the AMENDMENT would yield a more independent and efficient judiciary. The question is whether Parliament’s wisdom and authority to undertake such an experiment by resort to constituent power is subject to curial audit.

As rightly pointed out by the Attorney General, the basic feature of the Constitution is not primacy of the opinion of the CJI (Collegium) but lies in non investiture of absolute power in the President (Executive) to choose and appoint judges of CONSTITUTIONAL COURTS. That feature is not abrogated by the AMENDMENT. The Executive may at best only make a proposal through its representative in the NJAC, i.e. the Law Minister. Such proposal, if considered unworthy, can still be rejected by the other members of the NJAC. The worth of a candidate does not depend upon who proposes the name nor the candidate’s political association, if any, should be a disqualification.

To wholly eliminate the Executive from the process of selection would be inconsistent with the foundational premise that government in a democracy is by chosen representatives of the people. Established principles of constitutional government, practices in other democratic constitutional arrangements and the fact that the Constituent Assembly provided a role for the Executive clearly prohibit the inference that Executive participation in the selection process abrogates a basic feature.

Even prior to the AMENDMENT, the constitutional text had no express guidelines for the President and the CJI to follow. It is however nobody’s case that the pre-AMENDMENT selection scenario conferred any uncanalised discretion and therefore resulted in some undesirable judicial appointments. If in practice, occasionally personal preferences outweighed concerns of public interest resulting in undesirable appointments, it is not because of constitutional silences in this area but because of shortcomings in the ethical standards of the participants in the selection process. After the AMENDMENT, the obligation is unvaried. The only change is in the composition of the players to whom the task is entrusted and the mode of performing the task is altered with a view to achieve greater degree of transparency in the selection process. To contend that the AMENDMENT is destructive of the basic structure since it does not lay down any guidelines tantamounts to holding that the design of the Constitution as originally enacted is defective!

Only an independent and efficient judicial system can create confidence in the society which it serves. The ever increasing pendency of matters before various CONSTITUTIONAL COURTS of this country is clearly not a certificate of efficiency. The frequency with which the residuary jurisdiction of this Court under Article 136 is invoked seeking correction of errors committed by the High Courts, some of which are trivial and some profound coupled with bewildering number of conflicting decisions rendered by the various benches of this Court only indicate that a comprehensive reform of the system is overdue. Selection process of the Judges to the CONSTITUTIONAL COURTS is only one of the aspects of such reforms. An attempt in that direction, unfortunately, failed to secure the approval of this Court leaving this Court with the sole responsibility and exclusive accountability of the efficiency of the legal system.

Judges who opt out of hearing should explain why, says SC judge

Constitutional duty of judges to be transparent: Justice Kurian Joseph.

Justice Kurian Joseph, who comprised the five-judge Constitution Bench that struck down the National Judicial Appointments Commission (NJAC) last week, has favoured disclosure of reasons by judges when they decide not to hear a case and ask it to be placed before some other judge in that court. Currently, judges are not obligated to give reasons while opting out of hearing cases.

Juxtaposing his views with the idea of transparency and accountability, Justice Joseph, while authoring his separate judgment, said Friday that the constitutional duty cast upon the judges would warrant putting in public domain the reasons for a judge to recuse.

“Being an institution whose hallmark is transparency, it is only proper that the judge discharging high and noble duties, at least broadly indicate the reasons for recusing from the case… it is the constitutional duty, as reflected in one’s oath, to be transparent and accountable, and hence, a judge is required to indicate reasons for his recusal from a particular case,” Justice Joseph said.

He said judges ought to start doing it so that litigants and well-meaning public may not entertain any misunderstanding that the recusal was for altogether irrelevant reasons such as a situation where the judge does not want to decide a sensitive or controversial issue, or that he is not happy with the roster, or when he is getting unduly sensitive about the public perception of his image, or if if he doesn’t want to displease anybody.

“Once reasons for recusal are indicated, there will not be any room for attributing any motive for the recusal. To put it differently, it is part of his duty to be accountable to the Constitution by upholding it without fear or favour, affection or ill-will,” Justice Joseph said.

Transparency in procedure, he said, is one of the major factors constituting the integrity of the office of a judge in conducting his duties and the functioning of the court, and so adopting a principle of disclosing reasons for recusal will augur well with it.

This will also help curb the tendency of forum shopping when a mischievous litigant, wanting to avoid a judge because the judge is known to be very strong, could raise baseless submissions on the conflict of interest, Justice Joseph said.

Only in certain exceptional cases where the disclosure of reasons is likely to affect prejudicially any case or cause or interest of someone else, the judges should refrain from giving reasons he said.

Another judge on the bench, Justice Madan Lokur also said that questions over recusal are quite significant and since it appears that such applications are gaining frequency, it is time that some procedural and substantive rules are framed in this regard. “If appropriate rules are framed, then, in a given case, it would avoid embarrassment to other judges on the bench,” he said.

Their views assume significance as judges’ recusal from various high-profile and sensitive cases have often raised questions. For example, since January, at least 18 of the 52 Punjab and Haryana High Court judges, or more than one-third of the total strength, recused from hearing high-profile cases — some have done so in more than one case, and in most cases, no reasons were cited.

In the NJAC case, the issue of recusal came up as senior advocate Fali S Nariman, who appeared for lead petitioner Supreme Court Advocates on Record Association, sought Justice J S Khehar’s recusal from this case. He said it was perhaps inappropriate for Justice Khehar to preside over the bench since he was a member of the collegium in the Supreme Court and the NJAC had sought to replace the collegium system.

By an unanimous decision, the five judges rejected Nariman’s plea, noting there was no plausible reason why Justice Khehar or anyone else should recuse since all the five judges, at some point of time, would either become a member of the collegium or the NJAC, if it was not struck down.

While Justices Khehar, J Chelameswar and Adarsh K Goel gave specific reasons for rejecting the plea for recusal, Justices Joseph and Lokur dealt with the larger issue on whether the judges should always give reasons for recusing — like what they did in the NJAC case.

Problems In Judicial Accountability

In a Democracy, the Constitution is supreme which resolves to secure to all its citizens Justice. The judiciary is thus, appropriately one of the most important agencies of any democratic government. It is an independent body protecting the rights of the citizens and guarding the constitution zealously.

It has been rightly said that ‘Effective access to justice can be seen as the most basic requirement, the most basic human right, of a system which purports to guarantee legal rights.’ [1] The judiciary is in a very powerful position in any democracy and demands supreme confidence from the people. An individual, when harassed and threatened by the politics that engulf most governments, turn with great hope to the Judiciary.

But are our judges infallible? Aren’t they humans? And isn’t to err human? They are but the products of the society. They suffer from the same failings, frailties and shortcomings. From the same bias and prejudice and the same ills and vices. [2] Then who will judge the judges? ‘Judge not that ye be not judged’ cannot be applicable to judges in today’s scenario of corruption and judicial scandals.

Every institution of the government is accountable to some agency or the other. Every government official and body is also fully answerable to the Judiciary of the country. But when it comes to the Judiciary itself, a different set of rules, a different set of standards are followed. The Judiciary has become a judge in its own cause.

Judicial corruption has always been a part and parcel of the working of the judiciary but the recent scandals have created much concern of the slowly rotting state of the Courts. The question that is raised - ‘Who are the Judges accountable to?’ is a very valid and justifiable question. The judiciary is not accountable to the people as the people do no elect the members of the judiciary. [3] It is neither responsible to the other bodies of the government due to an ever present hue and cry about separation of power [4] and independence. So, are we creating a system of irresponsible judiciary in a scheme of democracy and republic where Judiciary is the sole guardian of the Constitution, the very foundation of the State?

Judicial Accountability and Judicial Independence

The Constitution confers great powers to the judiciary and the judiciary in turn demands wide latitude in exercising its power. The Indian judiciary is forever hidden in a cloak of secrecy. Independence has become an euphemism for the judges to act according to their whims and fancies. We should remember that it is the rule of the law [5] and not the rule of the judges or even the lawyers.

The judiciary does require certain amount of independence to carry out is functions without favor or fear. But are Independence and Accountability anti-thesis of each other? Judicial Independence is not an end itself. Both judicial independence and accountability are instrumental values. The function of independence is to let the judges decide according to the rule of law and not be influenced by any other agency of the government or any private interests or the interests of any individual. So we can safely conclude that if the judges start deciding cases arbitrarily, become corrupt, ignore the rule of law and are influenced by politics or the appeal of private gain, then their judicial independence is hampered. That is why judicial independence has to be understood in the context of its purpose.

Judicial accountability and judicial independence are complimentary to each other. Judicial accountability helps safeguard the independence and integrity of the judges. Sometimes judicial accountability can be misconstrued as it is context- based. It is very difficult to define judicial accountability and it has to be appreciated from the view of its objectives. It can be said to have three main functions. [6] Firstly to promote the rule of law by deterring any conduct that might hinder judicial independence. Secondly, to advance public confidence in the judiciary. And lastly to promote institutional responsibility of the judiciary as a whole towards the public. Seen in this perspective, judicial accountability seems if not more significant than as significant as judicial independence.

Problems of Accountability

The people hold a great stake in the administration of justice. Despite the value of judicial accountability in any free democratic republic, the judiciary in India is at best completely unaccountable to any institution in the country. Many factors have contributed to this dire situation and the problem of accountability is wide and complex.

The Contempt Of Courts Act

One of the critical reasons for the low accountability of judges in India is the power of the Courts to punish for its Contempt [7] . The Contempt of Court Act defines Contempt as Civil or Criminal. It further states that Civil contempt means willful disobedience to any judgment, decree, direction, order, writ or other process of a court or willful breach of an undertaking given to a court. [8]

Criminal Contempt means the publication (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which-

scandalizes or tends to scandalize, or lowers or tends to lower the authority of any court ; or

prejudices, or interferes or tends to interfere with the due course of any judicial proceeding; or

interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner. [9]

What is scandalizing the authority of the court has nowhere been defined and judges have time and again taken great advantage to silence even bona fide criticism advanced against them or the working of the judiciary. And this silence is not golden, just yellow. It is heavy weaponry in the hands of the Courts who have become so intolerant that they are unwilling to be questioned by the public they serve. Judicial independence has been twisted and turned to suit their purposes and used as an armor and justification for quashing any disapproval shown by few courageous members of the society.

The main purpose of the Contempt Power has been to enable the court to be able to enforce its orders and to punish for obstruction in administration in justice. But over the years this power has been considerably widened and freely used by the courts. Today, in countries like UK and U.S.A. the concept has been liberalized. But India still follows the old British-rule norms, which undoubtedly was not a free democracy.

Lord Diplock has stated that the species of contempt which consists of scandalizing is virtually obsolescent in England and maybe ignored. [10] In the U.S., the law is only invoked if there is clear and present danger to the administration to justice.

The Arundhati Roy Case is a sad example of how even in a social democracy like ours where Freedom of Speech and Expression is a fundamental right, the Courts hold in contempt legitimate representation by a citizen regarding the working of the Court and its decision which in no way impede the dispensation of Justice.

Similarly in the recent Wah India Case, The Contempt of Courts act was invoked against Editor-in-Chief of wah India, Madhu Trehan, and four staff members of the magazine for having published an article rating the High Court's Judges in terms of various attributes and qualities. It can be argued that this does amount to bad journalism. But how does the article obstruct the administration of justice and why can’t the defamation [11] law be enough to punish the wrongdoers. A Judge whose name is impugned in such an article can surely file a defamation case.

Earlier even truth was not considered as a defense to imputation against the Courts. In many cases the judges reiterated to this thought. Now truth has been made a valid defense to contempt. [12] But this is a discretionary power given to the Court and is not enough to protect the public against this extensive authority handed over to the Courts. Sometimes certain allegations are made bona fide, reasonably, and still it might be not be possible to prove the truth as it happened in the Mysore sex scandal case.

Power of contempt cannot be the answer to sincere critique of the working of the judiciary. The argument that the court’s integrity and esteem can be injured if appropriate action is not taken does not hold any water. When the courts decide to use the contempt power, they ordinarily tarnish their reputation further by showing a bigoted attitude.

Our constitution promises every citizen the fundamental right to freedom of speech and expression. [13] On the other hand the constitution also makes the High Courts [14] and the Supreme Court [15] , courts of record and empowers them to punish for its contempt. These two provisions seems to be contradictory in many a cases. The right of freedom to expression and speech has been fervently upheld by the Supreme Court in various cases over the years. But when the ball comes to its own court, Supreme Court has shown double- standards.

There is no clarity on which law supersedes which. The issue that arises is, aren’t the fundamental rights of the citizens supreme and more important then the so called independence of the Courts. “Indeed, to criticize a Judge fairly albeit fiercely, is no crime, but a necessary right, twice blessed in a democracy.” [16] There has to be a way to reconcile these two laws.

Serious reforms are needed in the law of contempt. It is high time that the Courts interpret the Contempt of Courts Act more liberally and realize that justice is more important than individual egos. In a healthy democratic state public opinion, discussions, awareness and debates are imperative to the progress of the nation. This is impossible in a system where the media, jurists and other citizens are silenced due to the fear of being subjugated to contempt laws. Judiciary has to earn reverence through the test of truth and not by fear. [17]

Appointment and Selection of Judges

The court being such an important institution in the country, it is imperative to select judges of high veracity who can uphold the constitution. Four qualifications [18] described for a judge are- he should be able to hear courteously, answer wisely, consider soberly and decide impartially. This only indicates the consequences of a bad appointment arrangement for a judge. The appointment of judges in India makes a good example of this.

The Indian Constitution states that the Supreme Court of India will comprise of the Chief Justice of India and at the most 7 other judges. [19] This number has now been increased to 25. The Supreme Court judges are appointed by the President on the consultation of other judges of Supreme Court and High Court. Other than in case of the appointment of the Chief Justice of India himself, the President has to consult the Chief Justice of India when appointing the other judges. High Court judges [20] are also appointed by the President on the recommendation of the Chief Justice of India and the Governor of the concerned state. The Chief Justice of the High Court is also consulted for appointing the judges, other than for the appointment of the Chief Justice himself.

In the case of S.P. Gupta vs. Union of India, [21] it was held that the President has the right to differ from the advice provided by the judges and it can only be challenged if it is based on mala-fide and irrelevant consideration. This decision was reversed in SC Advocates on Record Association vs. Union of India [22] whereby it was held that in the matter of appointment of judges of high courts and Supreme Court, the Chief Justice should have the primacy and the appointment of the Chief Justice should be based on seniority. It further held that the Chief Justice must consult his two senior most judges and the recommendation must be made only if there is a consensus among them. Further the Third Judge Transfer case held that an advice given by the Chief Justice without proper consultation with other judges is not binding on the govt. These two judgments practically make India the only democracy where judges select themselves. The Second Judge Transfer case is a truly sad decision which undermines any kind of accountability in the appointment procedure of the Judges. Effectively a collegium headed by the Chief Justice of India comprising of senior most judges of the High Court selects and recommends the names to the Government for appointment. The Government may ask the collegium to reconsider the names. But in case the collegium returns back with the same recommendation, the Government cannot but ask the President to accept the recommendation.

The whole procedure is ad hoc and arbitrary. There is no clear grounds according to which the judges are recommended. There is such a secrecy surrounding the whole modus operandi and it is defended with ambiguity. The only trend that emerges is that well- connected people are appointed. Proximity to power has become a criterion.

What is amazing to note is that, in the lack of a mechanism for making judges accountable, a judge with doubtful integrity and motives is also appointed as the judge even after the questions are raised regarding the suitability of him as a judge. This is well illustrated by the case of Justice Ashok Kumar. The collegium of three senior judges of the Supreme Court unanimously decided not to confirm him as a permanent judge in August 2005 because of serious doubts regarding his integrity. Despite this his appointment was confirmed in February 2007 on the Chief Justice's recommendation.

Similarly, Justice M.M. Punchi was a judge of Supreme Court in 1998 and motion of impeachment was initiated against him. Before the motion could succeed, he became the Chief Justice of India. After that it became impossible to get the requisite signatures of the ministers to pass the motion.

Recently Justice A.P. Shah Retired from judicial office and this raised many questions regarding the mechanism of appointment of the judges. When asked by an activist why he was not elevated to Supreme Court despite his seniority, the Government replied that seniority is not a criterion. Though, clearly tradition says otherwise. Moreover the department of justice has given two different answers in responses under the RTI Act. [23] One response states ‘merit, ability, suitability and seniority’ as the criteria, while the other rules out seniority as one of the yardsticks.

This shows a total lack of transparency and the presence of ambiguous and vague methods. There is a critical want of restructuring the law. This was a short time ago highlighted by the Dinakaran episode also.

Justice Paul Daniel Dinakaran was recommended for appointment by the collegium for the post of Chief Justice of India. When certain top jurists, lawyers and activists raised objection to this recommendation, the Government returned the same to the collegium. Later impeachment proceedings were initiated against him. Even while these proceedings were pending against the Justice, he was sworn in as the Chief Justice to the High Court of Sikkim. This is the revolting state of affairs in our judiciary.

Impeachment

The impeachment procedure for a judge in India is one of the most impractical and difficult procedure to put into motion. The motion has to be addressed to both the houses of the parliament and should be passed by a simple majority of the whole house and also by a 2/3rd majority of members present and voting. [24] No Member of Parliament is willing to sign and vote for such a motion unless there is hard proof against the judge. This is not possible unless an investigation is conducted to gather evidence. But due to the decision in K. Veeraswamy’s Case this is not possible unless a special permission by Chief Justice of India is granted to investigate the Judge. Now such permission is again not given unless the charge has substantial proof backing it. And proof cannot be obtained without an investigation. This is the lacuna in the law.

Public pressure is another factor that plays important role in the decision taken by the Members of Parliament. If such a charge has gathered public and media interest, they are more willing to initiate the impeachment motion. But of course any such public discussion by the media is muted by the contempt laws.

This is the vicious circle of the impeachment of judges. The unfeasibility and hopelessness of this law has been seen time and again when impeachment procedure has been tried to be initiated against corrupt judges.

The first time ever impeachment proceedings were initiated against a sitting judge of Supreme Court was in K. Veeraswamy vs. Union of India [25] . The motion for impeachment in this instance failed and was defeated in the Lok Sabha. This was not so because any member of the house was against the motion, but only because they all abstained from voting. How can the ministers who are the major litigants in the court be trusted to select or remove the judges?

Moreover after this decision not a single Chief Justice of India has granted permission to investigate a judge. In case of Shamit Mukherjee, the evidence was obtained coincidentally. When confronted with the same by the Chief Justice, he resigned. After that the question of permission for investigating did not arise.

When Justice A.S. Anand was the Chief Justice of India, serious allegations of favoritism and corruption were raised against him based on valid grounds. But no action was taken. Instead he was later appointed as the Chairman of the National Human Rights Commission.

The whole scheme of impeachment is frustrating and time-consuming and its utility is non-existent. In addition, it is depended upon a corruption ridden government and is highly susceptible to political pressure.

Disciplinary Mechanism

There is virtually no disciplinary mechanism to deal with complaints against the judges. The in-house mechanism is a futile attempt of bringing the judges to justice. Impeachment is too harsh a punishment and cannot, even if practical, be the answer to every kind of misbehavior and misconduct on the part of the Judges. Impeachment is like a penal code providing only for one extreme punishment, viz., death sentence [26] and nothing else. If the misconduct is not grave enough to demand impeachment, what is then the remedy? Is it correct in such a scenario to let the Judge continue in office? Is he not accountable at all for his behavior?

Time and again, the Government has tried to enact a bill bringing in force a suitable disciplinary instrument but failed miserably. The talk of a National Judicial Council has been on going forever but nothing has till date come out of it. The Judges Inquiry Bill, 2006, recommended the constitution of a National Judicial Council with powers to investigate complaints against the judges and recommend suitable actions. It suggested that the complaint be allowed to be made by anyone against any judge of the Supreme Court or the High Court except for the Chief Justice of India. The members of the council would be the Chief Justice of India, two senior most Supreme Court Judges and two High Court Judges. In case of a complaint brought forward against a Supreme Court Judge it would comprise of the Chief Justice of India and four senior most judges of the Supreme Court.

But the National Judicial Council has failed to come into existence. It only proves to be a half-hearted attempt to satisfy the masses. The composition of the council is not at all satisfactory and it only compounds the problem. It is just another example of the judiciary being a judge in its own cause. When every sitting Chief Justice of India has found it not necessary to allow the investigation of any claim of corruption against the judges over so many years, why would this council, headed by such a judge, take any worthwhile action against delinquent judges?

A need for a National Judicial Commission was also felt which would be an independent investigating body to investigate complaints against judges and take disciplinary action. No draft bill has still been finalized as yet.

We need a workable mechanism for disciplining erring judges and it should constitute both corrective and punitive measures. Different types of misconduct should be dealt with differently. For this purpose accountability can be divided into three kinds. [27] Firstly, collective or institutional accountability. In such a case the judiciary is accountable as a whole and as a separate organ of the government. Secondly, behavioral accountability where a judge is responsible for his individual actions both in office and out of the office (judicial and extra-judicial). Even certain extra judicial incidents may reflect badly on the suitability of a person to continue as a Judge. These might be action in private capacity of the individual but speak about the character and honor of the person. Thirdly, decisional accountability whereby a judge is fully responsible for the judicial decisions he takes. It is this kind of approach that is required towards the problem of accountability in the judicial system.

Other Problems

It is disgraceful in a democratic republic for judges holding positions of significance to come under the radar for dishonest and crooked acts. Immune from any authority’s scrutiny and empowered with judicial review, the courts have started interpreting laws to suit their aims and fortify themselves from any external scanning. They have invented their own laws, rules, and methods of implementation, and have used contempt of court as a threat for disobedience of their orders. [28] Also every judge tries to impose his own personal philosophy and ideas in his judgments. This has led to a vast number of contradictory judgments on the same issues. Somehow many of them have forgotten that their decisions should be backed by reasons and not by personal ideas. It was truly said that-

“we must regard the attitude of the judges as typical of decision making habits of middle class metropolitan Indians: technically unpredictable, not uninfluenced by imitative cosmopolitan habits, conditioned by native instinct to a depth not yet predictable by the psychologist or documented even by the novelist, the dramatist or the fiction-writer, and suffering from an over-sensitive opinion of their lonely and unparalleled position." [29]

In the absence of any responsibility of the Judiciary to anyone but itself, the Judges have started considering themselves as demi-Gods. It only goes to show on that ‘Corruptio optima pessima’- corruption of the best is the worst of all. The judiciary is plagued with numerous problems and the lack of any kind of scheme of accountability has let to the decay in the system. The common man is slowly loosing all confidence in the judicial system. The vast amount of backlogs and delays in cases only reinforces this loss of faith. Adjournments are given easily and witnesses wait for hours to have evidence recorded. A simple Xerox of a document takes a year long. [30] Most of the Judges are least bothered about their dockets and conduct the proceedings according to their whims and fancies. The number of days and number of hours that the Supreme Court and High Court Judges work is just not enough to deal with the problem. The situation in district courts is worse off.

Despite a code of judicial values and various laws regarding the same, judges over and over show complete disregards for the law of the land. For example a judge should not decide a case whereby he might have certain vested personal interests. Nevertheless judges hear and decide cases which directly or indirectly affect their individual interests and escape any kind of punishment or disciplining due to a complete lack of enforcement machinery for the same.

Justice Kapadia and Justice Y.S. Sabharwal make good cases to the point. Justice Kapadia was alleged to having decided the Vedanta case in 2007 and 2008 despite a conflict of interests. The explanation forwarded by the Justice was that he had disclosed the presence of a conflict of interests at the very outset of the case and also that none of the parties objected to his presence on the Special Bench. This representation was nothing but an attempt at misleading the Courts. He only disclosed his interest in the case near the end of the hearing before passing a judgment and secondly the parties which initiated the challenge never consented to his presence on the bench. Unfortunately this is not the only case where the Judge has alleged to have had a conflict of interests.

In the case of Justice Y.S. Sabharwal, he gained some property related benefits during the sealing of commercial properties in Delhi in which he played an instrumental role.

The courts are truly at the edge of a precipice. Judges cannot continue to act like Kings answerable to none.

Politics

These are not the only problems faced by the Indian Judiciary. The increasing role of politics in the realm of Justice has only amplified the crisis of accountability. But this is not a new phenomenon. The best case in point is the Fundamental Rights case [31] . During the hearing of the case, the Attorney- General then, appearing for the Union of India and the counsel for some states expressly referred in open court, to the alternative of ‘political action’ if the Supreme Court’s ruling did not favor with the Government. [32]

The instances of such nexus between corrupt politicians and the judiciary have only grown over the years. Another example of the court being sucked into politics is the Government asking the Chief Justice of India to decide whether the then Prime Minister Mr. Desai’s son should be prosecuted or not.

The task of the judiciary is to only decide the cases before it. It is in this scenario that separation of power protects the integrity and independence of the judiciary. It is true that ‘you are what you wear’ and it is up to the Judges to keep up certain manner of conduct which will put them in a category beyond the politicians and members of the bureaucracy. [33] In order to exact reverence from the masses, they need to conduct themselves in a manner beyond reproach.

This goal seems much farther in the wake of the judicial outrages erupting all over the nation. U.P. High Court Judge, Justice Jagdish Bhalla was promoted as the chief justice of the Kerala High Court in 2006 and then again nominated as Himachal Pradesh Chief Justice in 2008 despite serious charges of corruption against him. No action is being taken even in the case of Justice Vijender Jain who was involved in the Delhi sealing case. He was amazingly promoted as the Chief Justice of Punjab Haryana High Court. The Government has no comments about the lack on any actions or investigations.

Ghaziabad Provident Fund Scam case is another ugly illustration of the decaying condition of the judicial system. In the Ghaziabad district court, successive judges had siphoned out over seven crores from the State Treasury in the guise of Provident Fund advances. The same was reported to the High Court by certain judges of the district court. This was then substantiated by the confessional statement of one Mr. Ashutosh Asthana who was the administrative officer of the court. He later died under mysterious circumstances in the jail. The police was told that it cannot directly investigate the judges by the Chief Justice of India and later the case was transferred to the CBI [34] . Though many small time employees were charge sheeted, no judge was charge sheeted. Later, due to the public pressure, CBI was allowed to investigate. Only six judges, out of the many named, were allowed to be prosecuted by the Supreme Court who are, not surprisingly, now retired.

The Right To Information (RTI) Act

and Justice K.G. Balakrishnan

Upon all this the Judiciary considers itself above the law and has invented various ways of shielding itself from the RTI Act. The Supreme Court has gone to the extent of asking the Government to amend the Act to exclude Supreme Court from its purview. Recently a query regarding the declaration of the Judges’ assets under the RTI was raised to the then Chief Justice of India, K.G. Balakrishnan. As per the resolution adopted by the judges on May 7th, 1997, the judges are supposed to disclose the details of their various assets to the Chief Justice. The query under the RTI only questioned whether this was being followed or not and did not ask for the details of the disclosure. But Justice K.G. Balakrishnan refused to answer the query on the basis that the declaration of the assets by the judges is only a voluntary provision and cannot be enforced by Law. Sadly when the Central Information Commission directed the Supreme Court to disclose the same to the RTI applicant, Supreme Court challenged this order by a writ petition in the High Court.

In a happy turn of events, the Delhi High Court, headed by Justice A.P. Shah rejected the stand of the Chief Justice. [35] But it still shows the arrogance and “superior” behavior of the Supreme Court Judges.

In such a weak system of accountability, the individual elevated to the post of the Chief Justice of India, K.G. Balakrishnan, has been in the media light a lot during his tenure, for mostly the wrong reasons. He has been accused of being hypocrite and two-faced when it comes to his subordinate judges. When Justice Soumitra Sen of the Calcutta High Court refused to resign despite his indictment by the in-house procedure, Justice Balakrishnan asked the government to initiate impeachment proceedings against him. [36] On the other hand somehow the scandal involving Justice Reghupathy was allowed to die down easily.

Another shameful scandal whereby the Chief Justice allowed the charges to die down is the cash-at-judge’s-door case. In this case an amount of Rs. 15 lacs was delivered at the house of Justice Nirmaljit Kaur by a lawyer’s clerk. The incident was reported and it was found out that the money was meant for Justice Nirmal Yadav but was mistakenly delivered to Justice Kaur. The In-house inquiry committee found Justice Nirmal Yadav guilty and so did the CBI. When Justice Nirmal Yadav was confronted by the CJI, he blatantly threatened to expose other judges involved in such corrupt activities. Later Attorney- General Milon Banerjee gave cryptic explanations and stated that there was not a shred of evidence against the Justice. Justice Balakrishnan also suggested that the case be closed. It is only now that the present Chief Justice, S.H. Kapadia has given permission to the CBI to prosecute the former Punjab and Haryana High Court judge.

Justice K.G. Balakrishnan is again in the spotlight as questions are being brought up about his role in his son-in-law amassing vast amounts of properties. This sudden rise of his son-in-law took place almost simultaneously during his holding of the office of the Chief Justice of India. Justice Balakrishnan has naturally denied any involvement.

Reforms

The recent media hype created by the cases of judicial corruption has pressurized the Government to take certain steps towards accountability. The National Mission for Delivery of Justice and Legal Reforms (2009-12) [37] lays down a time-bound plan of action which focuses on the problem of delay in and arrears in the judicial system and enhancing accountability.

The Government has also planned to make important changes and solve various problems faced by the judiciary today by the Judicial Standards and Accountability bill, 2010, which will govern appointments, complaints regarding misbehavior, declaration of assets by the judges, etc. It contemplates the bringing into force of a Complaints Security Panel in the Supreme Court and every High Court which will entertain complaints and refer them to the National Judicial Oversight Committee headed by a former Chief Justice of India. It also contemplates to set up an independent body for investigating the claims against judges and carrying out disciplinary actions.

One can only hope that the various committees and bodies that will be constituted under the bill be independent and free from any influence by the executive or the Judiciary.

Suggestions

Sweeping reforms are necessary in the current judicial system. The Judges have to accept that the maxim “be you ever so high, the law is above you” applies to them as well. [38] The judiciary has to be modernized and technologically developed. The judges cannot continue to function with untrained employees and outdated equipments. Furthermore, the system of justice has to be made more accessible to the common man and the procedural formalities be reduced considerably. It is crucial that the number of benches and judges be enlarged. The working hours and the working days of Supreme Court and High Court judges should be increased.

Transparency will go a long way in promoting judicial accountability. An independent body, unrestrained by judicial or executive influences has to be set up to look into the problems of accountability. It should be an institutional multi-member body brought into force by the Constitution and answerable to it. Every citizen should be allowed to refer to the body any complaint against the judges and the complaints should be disclosed to the public.

The Justice Veeraswamy judgment should be amended to allow investigating bodies to investigate claims against judges if made genuinely and on basis of reasonable grounds. A performance commission can help ensure that judges uphold the values demanded by their high office.

The root problem of judicial corruption is the very appointment procedure. If its procedure is democratic, fair and transparent- the quality of judges appointed will undoubtedly be superlative. The impeachment procedure also has to be made more practical and a proper disciplinary mechanism put into place. Both the selection and removal of the judges has to be a just, impartial, simple and autonomous process. Disciplinary actions should not very strictly follow the law evidence but decide on the principles of equity. Transfer of judges to ward of public criticism in certain cases has to be discouraged.

As discussed the Contempt of Courts Act need to be amended and healthy critique encouraged. Judges should be made financially accountable and a statutory code of conduct enacted.

One must keep in mind that the lawyers form a part of the judicial system of the country. Today’s lawyer is tomorrow’s Judge. It is essential to impart the values of integrity amongst the lawyers and students of law. Besides the Bar should take necessary steps to bring the corrupt judges to justice and assist in the formation of public opinion.

Judges cannot continue to act like ‘Uncrowned philosopher Kings’. The judicial system serves the people in a democracy and is not above the Law. And law and morality should not be considered independent of each other. Integrity, impartiality, high morality, honesty, freedom from bias and influence, and a keen sense of social responsibility are a few important qualities must in a Judge.

Conclusion

It cannot be said that every judge is corrupt dishonest. There are many honorable judges in our system, who on a day to day basis, try to fight the sleaze that is eating the judiciary from inside-out. They have also become the victims of this once upright institution. But they are not enough alone to bring about any changes. Media and public pressure will play an instrumental role in the transformation and revolution of the judiciary. The recent discontent shown by the public has stirred the sleeping government to act in this direction.

Groups like Campaign for Judicial Accountability and Reforms are putting in tremendous efforts to meet the problem of Judicial Accountability head on. Today every democracy recognizes the institutional value of Judicial Accountability. Unless the Indian government moves on from the ancient and out dated laws with regards to Judicial Accountability, the judiciary is headed towards unfathomable decline. It is only possible to fight the disease of corruption by extensive procedural reforms.

“Power corrupts and absolute power corrupts absolutely.” No more can the judges hide behind the cloak of judicial independence and secrecy which is an allergy to democracy. It is aptly said that independence of judiciary is not the property of the judiciary, but a commodity to be held by the judiciary in the trust of the public. [39]

“Ironically the Higher Judiciary in India has powers of control over every organ under the Constitution but there exists no effective method of disciplining its own members.” [1]

The Preamble to our Constitution declares India is a ‘Democratic’ State. This broadly means that we have a government by the people, of the people and for the people’. It follows from this principle that, the Government should be accountable for all its acts or omissions to those for whom it exists.

The third branch of the government- the judiciary. The power that Judiciary enjoys, the role that it plays in our lives and the onerous task that it performs is beyond comprehension. Infact, it would be no exaggeration to say that of the three branches of the Government, Judiciary is perhaps of the greatest significance to the people, it being closest to them in the sense that anybody (even an ordinary citizen) can approach the Judiciary when he has any grievance.

Judicial Accountability can be defined as the costs that a judge expects to incur in case his/her behavior and/or his/her decisions deviate too much from a generally recognized standard, in this case referring to the letter of the law.

Judicial independence was not intended to be a shield from public scrutiny. Judicial independence is not only a necessary condition for the impartiality of judges, it can also endanger it. Higher judiciary in our country is the only institution that is virtually not accountable and at the same time enjoys exceptional constitutional protection and formidable weaponry such as contempt of court to silence the critics. [2] Accountability of the judiciary in respect of its judicial functions and orders is safeguarded by provisions for appeal, reversion and review of orders. But there is no mechanism for accountability for serious judicial misconduct, for disciplining errant judges. [3]

JUDICIAL ACCOUNTABILITY: JUDGING THE JUDGES

Realizing the important role that judiciary plays, and the possibility of misuse of the power conferred, the Constitution-makers primarily made two provisions (those relating to the appointment and removal of judges) which ensured that Legislature and the Executive, the other two branches of the government (which are directly or indirectly responsible to the people) had some kind of control over the Judiciary. Here it would be interesting to mention the following cases

1st Phase- The Judges Case One:

In 1982, the matter of appointment of High Court judges came before the Supreme Court in S.P. Gupta v Union of India [4] The main question considered by the court was: of the various functionaries participating in the process of appointment of a High Court judge whose opinion amongst the various participants should have primacy in the process of selection?

The majority took the view that the opinion of the Chief Justice of India (and that of the Chief Justice of a High Court) were merely consultative, and that the power of appointment resides solely and exclusively in the Central Government” and that the Central Government could override the opinions given by the Constitutional functionaries. The majority in Gupta gave a literal meaning to the word ‘consultation’ in Art 124(2) and 217(1). In reality this view made consultation with the Chief Justice inconsequential in the matter of appointment of the High Court Judges.

The observation of Bhagwati J. on the question of accountability-“The reason why the power of appointment of judges has been left to the Executive appears to be that the Executive is responsible to the Legislature, and through the Legislature it is answerable to the people, who are the consumers of justice. The power of appointment is not entrusted to the CJI because they do not have any accountability to the people and even if any wrong appointment has been made, they are not liable to account to anyone for such appointment.”

But going by developments that have taken place and the experiences that have been encountered, both the provisions have either been substantially modified or reduced to mere theory.

2nd Phase- The Judges Case Two:

Consequently, the matter once again came up for consideration before a 9 Judge bench in the case of Supreme Court Advocates on Record Association v Union of India [5] The Court emphasized that the question has to be considered in the context of achieving “the constitutional purpose of selecting the best…to ensure the independence of judiciary…”

Deliberating on the issue, the Court pointed out that this provision of ‘consultation’ with the Chief Justice was introduced because of the realization that the Chief Justice is best equipped to know and assess the worth of the candidate and his suitability for appointment.

Accordingly, the Court has ruled that “in the choice of a candidate suitable for appointment, the opinion of the Chief Justice of India should have the greatest weight…..the selection should be based on a participatory consultative process in which the Executive has the power to act as a mere check on the power of the Chief Justice

The Judiciary has for all practical purposes had become its own appointing authority. The Supreme Court replaced the Executive primacy with that of the CJI, which in effect has done away with the role of the Executive. The Collegium that decides the matter lacks transparency and is likely to be considered a cabal. Here the obvious question that arises is, in the absence of substantially any role of any other body, who are the CJI and other members of the Judiciary answerable to? Consumers of justice being people, whether the Judiciary is in any way answerable to the people? The Majority in the Second Judges case tried to answer it-“The CJI and the Chief Justice of the High Court, being responsible to the functioning of the Courts, have to face the consequence of any unsuitable appointment which gives rise to the criticism. Similarly, the Judges of the Supreme Court and the High Courts, whose participation are involved in the functioning of the Courts and in the selection process bear the consequences and become accountable.”

The researcher submits that this reasoning is not only insufficient and incomplete but also unsatisfactory. Besides, the little that it says in support of its stand, the argument itself seems to be paradoxical if we look at the reality. The Judiciary has taken a rather too strict a stand against the writers who have criticized the judges or their judgments (the Contempt of Court Act 1971 punishes the scandalizing of the Court. The Supreme Court has held that Fundamental Right of the citizens to of free speech and expression has not abolished the offense of scandalizing the Court). [6] The symbolic punishment given to Arundhati Roy [7] and the more recent controversy surrounding Sabarwal J. and the subsequent action taken by the Delhi High Court against the “erring” editors of a leading local newspaper are points in case. [8]

Now the 2nd major area of focus is what action can be taken if a judge misuses or abuses his power, acts with negligence or contrary to the interest of the people.

In this regard the Constitution has laid down only one provision- Article 124 whereby it lays down that a judge can be removed from his office by following an elaborate procedure, on the ground of ‘proved misbehavior or incapacity.’ The points to be pondered over here are:

This is the only provision on what action can be taken against an errant Judge.

The action that I envisaged here is a drastic one, that of removal from office.

The procedure mentioned here being so elaborate (being analogous to the impeachment) signifies that ‘proved misbehavior or incapacity’ should be of a very high degree.

Not only does this provision lay down too complex a procedure, but it also fails to take care of the deviant acts not amounting to ‘misbehavior or incapacity’. Added to this Ramaswami J. controversy [9] is a case in point as it reflects the deep anomalies and loopholes with which this provision is ridden.

Hence while the existing provision is insufficient in so far as erroneous acts not amounting to ‘misbehavior or incapacity’ have not been taken care of, the remedy that does exist is rendered useless by the loopholes that have been exploited.

Thus (practically) answerable to no one and for all intent and purposes having no efficient mechanism to discipline the judges, the Judiciary has become its own master. At least theoretically it can be said that this will lead to abuse of power.

But having said this do we really urgently need to reform the legal provisions relating to Judiciary? Do the apprehensions have any real basis? Several instances will show that these are not mere apprehensions.

In 1958 the Law Commission of India in its 14th Report on the Reform of Judicial Administration submitted that-“It is widely felt that communal and regional considerations have prevailed in making the selection of judges…..best talent among the judges of the High Courts has not always found its way to the Supreme Court…We are concerned that the views expressed to us have show a well founded and acute public satisfaction at these appointments”. While this report was complied at a time when the Executive had a significant role to play in the judicial appointments, it is submitted that the position has not changed much (as will be clear from the illustrations that follow) after the Second Judges Case.

In 1964, Committee on Prevention of Corruption remarked that it had been informed by Vigilance and Special Police Establishment, that the corruption is rampant at the lower levels and in some place, it has spread to the higher ranks.

Then we have the 1993 case of Ramaswami J. who was sought to be removed from office and who after having been found guilty of misbehavior in misappropriating and misusing public property, by a Committee constituted under the Judges’ Inquiry Act 1968, still managed to go scot free because the motion in Parliament of his removal failed as the ruling majority abstained from voting for his removal.

Again the charges of misconduct against two sitting judges of the Supreme Court were made in 1997 and 2000. In the first case, the judge in question was due by seniority to be appointed as the Chief Justice and an in house committee of the Supreme Court Judges is reported to have considered the charges. But the judge was recommended for appointment as the CJI by the outgoing CJI. In the second case which related to a CJI though considerable publicity was given to the charges, no action was taken either within or outside the Court.

In the absence of an effective remedy for removal of a judge, the Bar of the Bombay High Court resorted to the unconventional method of disciplining by passing the resolutions against them to resign and requesting the Chief Justice of the High Court not to assign work to them.

On another occasion, the Chief Justice of the Bombay High Court was charged with misconduct by the Bar. Going by the earlier experiences the Bar had no other option but to resort to extra-constitutional way out. They made an application to the CJI to requesting the CJI to seek his resignation. The Chief Justice of that High Court under the advice of the CJI tendered the resignation.

Judicial accountability has today become the catch word all over the world. The judges can no longer oppose calls for greater accountability on the ground that it will impinge upon their independence. Independence and accountability must be sufficiently balanced so as to strengthen judicial integrity for effective judicial impartiality.

Discussion Of The Conduct Of The Judges In The Legislature:

“In accordance with the Universal Declaration of Human Rights, members of the judiciary are entitled to freedom of expression, belief, association and assembly; provided, however, that in exercising such rights, judges shall always conduct themselves in such a manner as to preserve the dignity of their office and the impartiality and independence of the judiciary.” [10] Neither in Parliament nor in a State Legislature a discussion can take place with respect to the conduct of the Supreme Court in discharge of his duties.

Articles 121 and 211 provide immunity to the members of Higher Judiciary, with respect to the conduct of the Judges in the discharge of their duties. Article 211 amounts to an absolute constitutional prohibition against any decision in the Legislature of a State in respect of the judicial conduct of the Supreme Court or of the High Court. Article 121 on the other hand provides for a general rule that no discussion shall take place in the Parliament with respect to the conduct of any judge of the Supreme Court or of the High Court in the discharge of his duties except upon a motion for presenting an address to the President praying for the removal of the judge under the circumstances stated in the Constitution. Thus, reading Article 121 and 211 together, it is clear that the judicial conduct of a judge can not be discussed in the State Legislature. It can be in Parliament only, upon a motion for presenting an address to the President praying for the removal of the Judge. The Constitutional makers attached so much importance to the independence of judiciary that they thought necessary to place them beyond any controversy except in the manner provided in Article 121.

The fact that Article 211 appears under a topic dealing with “Procedure Generally” cannot mean that the prohibition prescribed by it is not mandatory. In trying to appreciate the full significance of this provision, Article 121 and 211 should be read together. It is true that Article 194(2) in terms provide for immunity of action in any court in respect of a speech made by a member or a vote given by him in the Legislative Assembly. Undoubtedly, the Speaker would not permit a member to contravene Article 211, but, if inadvertently or otherwise, a speech is made within the legislature which contravenes Article 211, the Constitution-makers have given protection to such speech from any action in any court. The House itself may and would, no doubt, take action against the member. [11]

Removal Of A Judge:

“A charge or complaint made against a judge in his/her judicial and professional capacity shall be processed expeditiously and fairly under an appropriate procedure. The judge shall have the right to a fair hearing. The examination of the matter at its initial stage shall be kept confidential, unless otherwise requested by the judge.” [12]

“Judges shall be subject to suspension or removal only for reasons of incapacity or behavior that renders them unfit to discharge their duties.” [13]

“All disciplinary, suspension or removal proceedings shall be determined in accordance with established standards of judicial conduct.” [14]

“Decisions in disciplinary, suspension or removal proceedings should be subject to an independent review. This principle may not apply to the decisions of the highest court and those of the legislature in impeachment or similar proceedings.” [15]

The manner of removal of a Judge, as brought out and made clear by Constitutional provisions, SC interpretations and the Judges Inquiry Act, 1968, and Judges Inquiry Rules, 1969, stands summed up in Krishna Swami v. UOI [16] as follows, “Every judge of the Supreme Court & High Court on his appointment is irremovable from office during his tenure except in the manner provided in Cls. (4) & (5) of Art. 124. The law made by the Parliament under Art. 124(5), namely the Judges Inquiry Act, 1968, (and Judges Inquiry Rules, 1969 framed there under) are to be read along with Article 124(4), to find out the constitutional scheme….for the removal of a judge. The law so made under Art. 124(5), provides that any accusation against a sitting Judge to initiate the process of his removal has to be by not less than minimum number of members of the Parliament specified in the Act, all other method being excluded. On initiation of the process, the Speaker/Chairman has to decide whether the accusation requires investigation. If he chooses not to act, the matter ends there…..otherwise on a consideration of the material available and after consulting such persons as he thinks fit, forms opinion that a prima facie case is made out, he constitutes a Committee in accordance with s.3(2) of the Act. If this …..Committee….. records a finding that a Judge is not guilty, the process ends there…..If the finding of the Inquiry Committee is that the Judge is guilty, then the Parliament considers the motion for removal of the Judge along with the Committee’s Report and other available materials including the cause, if any, shown by the Judge concerned against his removal for which he has to be given an opportunity after the submission of the report to the Speaker/Chairman under s. 4(2) of the Act…..If the Parliament does not adopt a motion for removal of the Judge, the process ends there…If the motion is adopted by the requisite majority of the Parliament, culminating in the order for removal of the Judge by the President of India under Art.124(4), then only the Judge shall have remedy of Judicial Review available on the permissible grounds against the order of removal….”

CONCLUSION

In mater of appointment, a lot has been said about the dangers of substituting absolute Executive authority with absolute ‘Chief Justice Authority’. It is important to have a more important broad based appointing body in the legal system, incorporating undoubtedly the higher judicial functionaries but also giving representation to some outside elements form the categories of eminent jurists, academics and both the ruling executive and the opposition. Moreover this process would certainly be more transparent and open. In such broad based appointing body at least two leading members of the bar must find representation. The manner of selection/ nomination of those persons should be carefully thought out to ensure objectivity and absence of conflict of interest.

The second crucial aspect which cannot be separated from the first is the vital necessity of a workable mechanism for regulating judicial conduct, taking corrective action and if necessary disciplining the errant judges shot of and up to removal.

Unless one puts in place a reasonable, internal, fair, expeditious and effective in house regulatory regime short of impeachment, allegations against judges will always be on the rise.

The general dissatisfaction with the Courts self appointed role in appointment and transfer of Judges has led to suggestions that it is high time that a National Judicial Commission should be appointed which would not only consist of high judicial members but also other non-judicial members and which would make recommendations for such appointments. The suggestion for a National Judicial Commission has been made by the 80th and 121st reports of the law commission of India. [17] A constitutional amendment (67th Amendment) bill 1990 was formulated by the ministry of Justice in 1990 for setting up such a body but the bill lapsed on the dissolution of the parliament. [18]

The independence of judiciary is an important concept being the basic principle of the constitution but what has to be realized is that it is not an end in itself but only a means to achieve an end. The end is to secure efficient, expeditious and impartial delivery of justice. The main intention behind this principle is that the people should get justice, irrespective of their status. This principle is required to instill confidence of the people in its Justice Delivery System. Confidence is very important. Our society is usually peaceful, not because there is a police force and lawyers to take you to the court. It is because people respect the courts and the laws they apply. If, however, people loose confidence in the courts and think that they would not receive a fair hearing, they might disrespect the law generally.

So any new step towards revamping the Judicial System should aim at balancing in the best possible manner judicial independence and judicial accountability.

Judicial Accountability in India

(A)Nature And Meaning Of Judicial AccountabilityThe word ‘accountable’ as defined in the Oxford Dictionary means ‘responsible for your own decisions or actions and expected to explain them when you are asked’. Accountability is the sine qua non of democracy. Transparency facilitates accountability. No public institution or public functionary is exempt from accountability although the manner of enforcing accountability may vary depending upon the nature of the office and the functions discharged by the office holder. The judiciary, an essential wing of the State, is also accountable. Judicial accountability, however, is not on the same plane as the accountability of the executive or the legislature or any other public institution. Indian polity is under severe strain. Faith of the people in the quality, integrity and efficiency of governmental institutions stands seriously eroded.

They turn to the judiciary as the last bastion of hope. But of late, even here things are getting increasingly disturbing and one is unfortunately no more in a position to say that all is well with the judiciary. The independence and impartiality of the judiciary is one of the hallmarks of the democratic system of the government. Only an impartial and independent judiciary can protect the rights of the individual and can provide equal justice without fear and favor. The constitution of India provides many privileges to maintain the independence of judiciary. If the Preamble to our Constitutionbe regarded as the reflection of the aspirations and spirit of the people, then one thing that even a layman will note is that among the various goals that the Constitution-makers intended to secure for the citizens, “JUSTICE- Social, Economic & Political” has been mentioned before the rest.” No person, however high, is above the law. No institution is exempt from accountability, including the judiciary. Accountability of the judiciary in respect of its judicial functions and orders is vouchsafed by provisions for appeal, reversion and review of orders. What is the mechanism for accountability for serious judicial misconduct, for disciplining errant judges? Our Constitutionprovides for removal of a judge of the Supreme Court or the High Courtfor proved misbehaviour or proved incapacity, by what is popularly called the process of impeachment, whereunder two thirds of the members of each House of Parliament can vote for the removal of the judge. So far, only one impeachment proceeding has been initiated against a Supreme Court judge. It failed because Congress abstained from voting and consequently two-thirds majority was not available.

It is now generally accepted that the present impeachment process is cumbersome, time consuming and tends to get politicized. It needs to be reformed urgently.

(B) Need For Judicial Accountability“All power is a trust – that we are accountable for its exercise – that from the people and for the people, all springs and all must exist”. In a ‘democratic republic’ power with accountability of the individual enjoying it, is essential to avert disaster for any democratic system. The accountability must be comprehensive to include not only the politicians, but also the bureaucrats, judges and everyone invested with power. Power and position in a democracy is depicted as attendant with responsibility, and every incumbent of a public office must remain constantly accountable to the people, who are the repository of political sovereignty. The judicial system deals with the administration of justice through the agency of courts. Judges are the human stuff which presides over the courts. They are not merely visible symbols of courts; they are actually their representatives in flesh and blood. The manners in which judges discharge their duties determine the image of courts and the creditability of judicial system itself. In India from time immemorial judges have been held in high esteem and revered as super humans but coming across recent incidents in Bihar (like killing of an under trial in the court itself and lynching a suspected thief to death) depicts that frustrated by the failure to get justice, people are slowly losing faith in judiciary and are taking law into their hands. This is highly deplorable. A need definitely is there to make judiciary accountable, as derogation of values in judiciary is far more dangerous than in any other wing of the government as judiciary has to act as the guardian of our constitution. Judicial accountability and answerability of the judges is not a new concept. Several countries in their constitutions have already provided for ensuring accountability of judiciary. This to prevent concentration of power in the hands of a single organ of the state especially in countries where judicial activism interferes with and invades into the domain of other organs. But at the same time Judicial independence is a pre- requisite for every judge whose oath of office requires him to act without fear or favour, affection of ill- will and to uphold the constitution and laws of the country.

(C) Code Of Conduct For JudgesHon'ble Mr. Justice S.H. Kapadia , Chief Justice of India said: “When we talk of ethics, the judges normally comment upon ethics among politicians, students and professors and others. But I would say that for a judge too, ethics, not only constitutional morality but even ethical morality, should be the base…”

The well-known legal luminaries including Former Chief Justice of India S.Venkataramaiah and Former Judge of the Supreme Court D.A.Desai and another Former Judge of the Supreme Court Chennappa Reddy have expressed the view that if all the sections of the society are accountable for their actions, there is no reason why the Judges should not be so. Former Chief Justice, Verma recognized the validity of this plea when he remarked on one occasion, “These days we (Judges) are telling everyone what they should do but who is to tell us? We have task of enforcing the rule of law, but does not exempt and even exonerate us from following it”. For proper implementation of this concept of judicial accountability, it is necessary that the Judges should follow a code of conduct which may be broadly called as ethics for Judges.Code of Ethics of a Judge:-1. Judicial decision to be honest:- It is absolutely essential that in order that the Judge’s life is full of public confidence in their role in the society, the judicial decision is to be honest and fair. No judicial decision is honest unless it is decided in response to an honest opinion formed in the matrix of the judges proficient of law and fact. However, the perception of an individual judge may be wrong. But a wrong decision honestly made does not make that decision dishonest. A decision becomes dishonest if not decided on judicial conviction of fairness, honesty and neutrality.

2. No man can be a judge in his own cause:- The basic code of ethics is the principle that no man can be judge in his own cause. The principle confines not merely to the cause where the Judge is an actual party to a case, but also applies to a case in which he has interest. A Judge should not adjudicate in a case if he has got interest therein. Judge do require a degree of detachment and objectivity in judicial dispensation. They being duty bound by the oath of office taken by them in adjudicating the disputes brought before the court in accordance therewith, Judges must remain impartial, should be known by all people to be impartial. This is made clear by the Supreme Court.

3. Administer justice:- Judges must not fear to administer justice. “Fiat justitia, ruat caelum” that is “let justice be done though the heavens fall” should be followed as a motto by a Judge.

4. Equal opportunity:- Parties to the dispute be treated equally and in accordance with the principles of law and equity. A judge does not belong to any person or section or division or group. He is the judge of all people. In the courts of law there cannot be double standard-one for the highly and another for the rest. A Judge should not have any concern with personalities who are parties to the case but only with merits. He must treat the parties to the dispute equally, giving them an equal opportunity during the trial. The Rt.Hon.Lord Hewart of Bury, Lord Chief Justice of England, said that it is “essential to the proper administration of justice that every party should have an opportunity of being heard, so that he may put forward his own views and support them by argument and answer the views put forward by his opponents”.The Supreme Court said in the celebrated case “No man’s right should be affected without an opportunity to ventilate his views”.In classical language of metaphor, the God of Justice sits on a golden throne, but at his feet sit two lions-‘law and equity’. A Judge will fail to discharge his duty if he disregards their presence and participation.

5. Maintenance of distance from relatives:- Since judging is not a profession but a way of life, the judge must distance himself from the parties to the dispute and their lawyers during the conduct of the trial. One can notice now a days the growth of a new caste in legal profession who thrive not by intellectual or professional capabilities but by utilizing their close connection with the judges. The growth of this suspicious trend can be checked if practicing lawyers and sitting judges avoid meeting frequently in private. Persons who occupy high public offices must take care to see that those who claim to be close to them are not allowed to exploit that closeness, alleged or real.

6. Too much of activity and participation in social functions be avoided:-It is often said that as a result of a very considerable amount of ordinary social activity, a Judge may become identified with people and points of view, and litigants may think they may not get fair trial. To repel that feeling, a Judge should avoid too much of social activity. Again, Judges should be very selective in attending social functions. Judges in England and USA generally decline such participation. If they attend even a private function, they ask for the list of invites.

The Supreme Court in Ram Pratap Sharma v Daya Nand issued a note of caution to the effect that it is proper for a Judge not to accept any invitation and hospitality of any business or commercial organization or of any political party or of any club or organization run or sectarian, communal or parochial line.

7. Media Publicity be avoided:-As far as possible a Judge should keep off the media. He should refrain from expressing his views in media on matters either pending before him or likely to appear for judicial consideration. Else he may be accused of prejudging the issue and his neutrality may be questioned thereby. Lord Widgery, Lord Chief Justice of England since 1971 to 1980, said that “the best judge is the man who should not court publicity and should work in such a way that they don’t catch the eyes of the newsmen”. Lord Hailsham said that the “best judges are those who do not find their names in the The Daily Mail and still, who abhor it”.

(D) Lack Of judicial Accountability In IndiaThe framers of the Indian Constitutionwould not have imagined that within 60 years of the framing of the Constitution, the Indian Judiciary would emerge as the most powerful institution of the State. The Constitutionestablished the High Courts and the Supreme Court as watchdog institutions, independent of the executive and the legislature, to not merely dispense justice, but also to ensure that the executive and the legislature did not exceed the authority conferred upon them by the Constitution. Thus, the Judiciary was given the powers to interpret the laws and the Constitution, and also to strike down executive action which violated any law or the fundamental rights of citizens. It was also the authority to examine whether laws framed by Parliament conformed to the Constitutionand declare them void if they violated it. By a creative interpretation of the provision authorizing the Parliament to amend the Constitution, the Supreme Court in 1973 also acquired the power to strike down even constitutional amendments which were held by the Court to violate the basic structure of the Constitution. Many laws and some constitutional amendments have been struck down by the Courts during this period.

Through all this, the superior courts in India have emerged as perhaps the most powerful courts in the world, exercising virtually Imperial & unchecked powers. While executive action and even legislation could often be struck down by the courts, the directions of the courts, sometimes issued without even notice to the affected parties, were beyond question, and had to be obeyed by all executive officers on pain of contempt of court. Of course, often these powers were wisely exercised to correct gross executive inaction.

While the Court was acquiring these powers, by an even more inventive (called purposive) interpretation of the provision regarding appointment of judges by the government, it took over the power of appointment of judges. Thus judges of the High Courtand Supreme Court are now appointed by a collegium of senior judges of the Supreme Court. The judiciary has thus become like a selfperpetrating oligarchy. There is no system followed in the selection of judges and there is no transparency in the system. In particular, no regard is given to examining the record or credentials of judges in their ideological adherence to the constitutional ideals of a secular, socialist democratic republic or their understanding of or sensitivity towards the common people of the country who are poor, marginalized and unable to fight for their rights in the courts.

Thus, the courts in India enjoy virtually absolute and unchecked power unrivalled by any Court in the world. In these circumstances, it is absolutely vital that judges of the superior judiciary be accountable for their performance and their conduct – whether it be for corruption or for disregard of constitutional values and the rights of citizens. Unfortunately, neither the Constitution, nor any other law has created any institution or system to examine the performance of judges or examine complaints against them. The Constitutionprovides that High Courtand Supreme Court judges cannot be removed except by impeachment. That process requires signatures of 100 MPs of the House of People or 50 MPs of the Council of States for its initiation. If a motion containing charges of serious misconduct with the requisite signatures is submitted, and admitted by the Speaker of the House of People or the Chairperson of the Council of States, an Inquiry Committee of 3 judges is constituted to hold a trial of the judge.

Only if he is found guilty, the motion is placed before each House of Parliament where it has to be passed by a 2/3 majority of each House. Our experience has shown that it is practically impossible to remove a Judge through impeachment even if one is somehow able to get documentary evidence of serious misconduct. This is because MPs and political parties to which they belong are very reluctant to take on a sitting Judge because virtually all of them have pending cases in courts. The judges often behave like a trade union and do not take kindly to brethren being accused of misconduct. It is, therefore, virtually impossible to get an impeachment off the ground unless the matter has become a big public scandal. Only in those cases, is it possible to get enough MPs to sign an impeachment motion. The only impeachment of a Judge to have gone far was that of Justice V. Ramaswami in the early 90’s. After the motion was presented, a Judges Inquiry Committee found him guilty of several charges of misconduct when the matter went up for voting to Parliament.

The ruling Congress Party directed all their MPs to abstain from voting. Thus, though the motion was unanimously passed in the Lok Sabha, it did not get the support of the majority of the total membership of the House and, therefore, failed. The Judge remained in office till he retired, but was not assigned any judicial work by the then Chief Justice. Only last month, we have seen a second motion against a Judge of the Calcutta High Courtsigned and submitted to the Chairman of the Council of States. Allegations and charges against a Judge even when supported by documentary evidence, rarely get any coverage in the media because of the widespread fear of contempt of court. The contempt law in India allows any judge of the High Courtand Supreme Court to charge any one with criminal contempt and send him to jail, on the ground that he/she has “scandalized the Court or lowered the authority of the Court”. What “scandalizes or lowers” the authority of a Court is also the subjective judgment of each Judge. In Arundhati Roy’s (the well known writer) case, a bench of 2 judges of the Supreme Court charged her with contempt and sent her to jail merely because she criticized the Court in her affidavit.

Earlier, the Supreme Court has declared that a person charged with “scandalizing the Court” will not be permitted to prove the truth of his allegation against a Judge. Though Parliament has recently amended the Contempt of Courts Act to expressly allow truth as a defence, nothing has been done to prevent judges against whom allegations are made from charging the person with contempt and hauling him to jail. The criminal contempt jurisdiction of the Court and the cavalier manner in which it is exercised, is another example of the enormous and unchecked power of the superior courts in India Our campaign for Judicial Accountability has since long been demanding that the courts’ power to punish for “scandalizing and lowering the authority of the Court” must be taken away by legislation. Of course, this demand has been stoutly resisted by the courts who claim that deleting this provision would greatly encourage baseless allegations and abuse of judges by disgruntled litigants and would thereby erode public confidence in the courts.

But then, there is the law of civil and criminal defamation to protect judges against vilification. Moreover, public confidence in the courts as in any person or institution, is generated or eroded by the actions of the courts and not by any baseless allegations by disgruntled litigants. However, with such fierce opposition by the courts, the legislature has not had the courage to delete this provision from the Contempt of Courts Act. In 1991, the Supreme Court by another ingenious judgment, involving Justice Veeraswami (the father-in-law of Ramaswami), who was Chief Justice of the Tamil Nadu High Courtwho was caught with assets, vastly disproportionate to his income, laid down that no judge of a superior court could be subjected to a criminal investigation without the written permission of the Chief Justice of India.

This judgment has been use to prevent the investigation and prosecution of many judges against whom there was documentary evidence of corruption, fraud, misappropriation, etc. This has also increased the impunity of judges who have now got used to the feeling that they can get away with any kind of misconduct or even criminal conduct, without any fear of any criminal action or action for removal. Armed additionally with the power of contempt, they also have little fear of public exposure. All this makes for an alarming picture of lack of accountability of the higher judiciary in India. You cannot practically take any disciplinary or criminal action against misconduct or crimes committed by judges.

If you expose them publicly, you run the risk of contempt. This lack of accountability coupled with the enormous unchecked powers that the courts have acquired and are exercising make the judiciary a very dangerous institution and indeed a serious threat to Indian democracy. This lack of accountability has led to considerable corruption of the higher judiciary which is evident from the recent spate of judicial scandals which have erupted in India. The recent report of TI on corruption perception index shows that the judiciary is perceived to be the second most corrupt institution in India after the Police.

(E) Judicial Accountability And DisciplineThe judiciary needs to be independent of outside influence, particularly of political and economic entities such as government agencies or industry associations. But judicial independence does not mean that judges and court officials should have free rein to behave as they please. Indeed, judicial independence is founded on public trust and, to maintain it, judges must uphold the highest standards of integrity and be held accountable to them. Where judges or court personnel are suspected of breaching the public’s trust, fair measures must be in place to detect, investigate and sanction corrupt practices.1. Accountability to whom and for what?In everyday terms, accountability is simply the ability to hold an individual or institution responsible for its actions. The question for the judiciary is accountability to whom and for what? Broadly speaking, the judiciary must be accountable to the law, in the sense that the decisions made are in accordance with the law and are not arbitrary. Like other branches of government, it must also be accountable to the general public it serves.2. How to achieve judicial accountability?Fostering a culture of independence, impartiality and accountability among judges is a vital step towards ensuring the overall integrity of the judiciary. This is particularly the case in countries where there is a lack of accountability in other branches of government. Developing codes of judicial conduct can also provide an important means of fostering judicial accountability, since they serve as both a guide to and a measure of judicial conduct. Strong and independent judges associations, meanwhile, can provide a safe point of reference for judges,allowing them to interact with the state in an accountable, yet robustly independent manner. Ultimately, though, the judiciary must be responsible to the citizens of a country, and civil society actors, including the media and NGOs, must play an enhanced role in demanding judicial accountability.3. Detecting corruption in judicial systemsJudges are expected to take decisions about breaches of law by individuals, governments and companies, but what happens if it is the judge who breaks the law? While judicial independence requires that judges have some limited measure of immunity and that they should be protected from trivial or vexatious complaints, mechanisms must be in place to ensure that corruption by judges or court personnel is detected, investigated and properly sanctioned. Incorporating whistleblower protection or anti-corruption telephone hotlines as part of judicial systems can help improve detection of corruption in the judiciary. It is often courageous members of the public or individuals of integrity within the judicial system itself who speak out against specific instances of corruption. Such action can be encouraged by developing a confidential and rigorous formal complaints procedure so that lawyers, court users, prosecutors, police, media and civil society organisations can report suspected or actual corruption in a judicial system.4. Ensuring effective judicial disciplineThere are different models for judicial discipline, though all models tend to operate at two levels: first, a disciplinary system that can admonish, fine or suspend judges for misdemeanours; and, second, a system of removal of judges for serious misconduct, including corruption. It is essential that any disciplinary mechanism is independent, fair and rigorous. In particular, a judge has the right to a fair hearing, legal representation and an appeal in any disciplinary matter. In some instances, an appellate body or judicial council may have disciplinary functions. In others, supreme courts may be responsible for disciplining lower court judges, while supreme court judges themselves may be removed by parliament. All types of procedures should be balanced to, on the one hand, protect judicial independence and, on the other, provide accountability to command public confidence. Importantly, mechanisms for judges’ removal from office must be fair, transparent and take the principle of security of judicial tenure into account.5. Right To InformationIn the light of the above discussion, and in the absence of a proper, specific law, to effectively check the power and scope of ‘judicial activism’ or laying down codes of conduct (based on the call for the accountability of the judges), the Right to Information Act, at least, as of now, seems to be a best available tool in dealing with some (if not all) aspects of the demand for a more accountable and transparent judiciary . The learned Judges of the SC, on the proposed amendments in to the RTI Act have observed:-

“Transparency or openness is an accepted principle of democracy and good governance. A distinguished American judge Louis Brandeis had said “Sunlight is the best disinfectant and electricity is the best policeman”. The ‘Seven Principles of Public Life’ indicated in Lord Nolan Committee’s report on standards in public life include objectivity, accountability and openness.”

“After all public power is derived from ‘we the people of India…’ Its exercise must be subject to legitimate scrutiny by the people who are the source of that power. The people have a participatory role in a republican democracy as they are “the keepers of the Constitution”. In such circumstances there is no justification for such any amendment to the RTI Act being proposed which seeks to unreasonably and unconstitutionally restrict the peoples right to know what their public servants are doing on their behalf.”

Having said this, the reaction of the Judiciary, as far as the application of the Act on itself is concerned, strongly recommending that it should be left out of its ambit, seems preposterous. If the amendments suggested by SC are enacted by Parliament, they will strike at the root of the safeguard contained in the Act: all public authorities, including courts, are subject to the jurisdiction of an independent appellate body..

This Act should be seen as only a step towards enforcing the accountability of the Judiciary directly to the people, until a specific and more detailed law is enacted in this regard.6. Key recommendationsLimited immunity for actions relating to judicial duties should be in place. This allows judges to make their decisions free from fear of civil suit; though immunity should not apply in corruption (or other criminal)cases.

Disciplinary rules should ensure that the judiciary carries out initial rigorous investigations of all allegations. An independent body must investigate complaints against judges and give reasons for its decisions. Strict and exacting standards should apply to the removal of a judge. Removal mechanisms for judges of all levels must be clear, transparent and fair, and reasons need to be given for decisions. If there is a finding of corruption, a judge is liable to prosecution. A judge should have the right to a fair hearing, legal representation and an appeal in any disciplinary matter.

A code of judicial conduct serves as a guide to and measure of judicial conduct, and should be developed and implemented by the judiciary. Breaches of the code must be investigated and sanctioned by a judicial body. A confidential and rigorous formal complaints procedure is vital so that lawyers, court users, prosecutors, police, media and civil society organisations can report suspected or actual breaches of the code of conduct, or corruption by judges, court administrators or lawyers. An independent judges association, elected by judges, should represent them in their interactions with the state and its other organs. It should be accessible to all judges; support individual judges on ethical matters; and provide a safe point of reference for judges who fear that they may have been compromised in some way.

(F) Judging The Judges (Case Laws)Recently, the judiciary has been greatly in the news, but for all the wrong reasons. A string of judicial scandals have erupted in the recent past, starting with Chief Justice Sabharwal’s case, and then going on to the Ghaziabad district court Provident fund scam, the 15 lakh cash-at-judges-door scam of Chandigarh, and the Justice Soumitra Sen case of Calcutta. Some of these have arisen due to the lack of transparency in the selection and appointment of judges. In many cases, persons of doubtful integrity come to be appointed and confirmed through a totally secretive, ad hoc, arbitrary and non-transparent process of selection and appointment through a Collegium of judges of the High Courtand the Supreme Court. Unfortunately however, we are finding that these rotten eggs who come to be appointed, get confirmed, even when they are found by the Collegium to have been of doubtful integrity, and are not removed even when a judge's committee has found them guilty of criminal misappropriation and criminal breach of trust, and even after the Chief Justice of India has recommended their impeachment selection, appointment and removal of judges.A historic non-impeachment1. Case Of Justice V. RamaswamiMay 11, 1993 will be remembered as a black day for Parliament and for the judiciary in this country. For on that day, 205 Lok Sabha members belonging to the Congress(I) and its allies sabotaged the impeachment mo tion against Justice V. Ramaswami of the Supreme Court by abdicating their constitutional duty of voting for or against and thus defeating the motion by ensuring that it did not receive the support of an absolute majority of the total membership of the House. Each one of the 196 MPs, who voted, all belonging to the Opposition parties, voted for the removal of the judge. Thus, despite the motion for removal being passed unanimously by the members who voted, it failed, bringing to a close the more-than-two-year old proceedings for the removal of Ramaswami. The result, therefore, is that despite a high-power inquirycommittee of three eminent judges having come to the conclusion that Ramaswami was guilty of several acts of gross misbehaviour which warranted his removal, the judge is still entitled to discharge judicial functions from the highest court of the land. It is another matter that after the impeachment mo tion failed, Ramaswami was persuaded to resign by the Congress(I) which belatedly realised that it would have to pay a heavy price for being seen to have supported a corrupt judge. The failure of the motion, especially after the tortuous course it went through, raises several grave issues for the future of the administration of justice in this country and indeed for probity in public life in general.

2. The Case Of Justice Ashok KumarIn the case of Justice Ashok Kumar, who was appointed an additional judge in April 2003, the Collegium of three senior judges of the Supreme Court unanimously decided not to confirm him as a permanent judge in August 2005 because of adverse reports regarding his integrity. Despite this, he was given extensions as additional judge, and finally came to be confirmed in February 2007 on the Chief Justice’s recommendation, which was made without consulting other members of the Collegium of judges, in complete violation of several judgements of the Supreme Court. These had clearly laid down that in a matter of appointment of judges, the Chief Justice cannot act alone and must go along with the majority view of the Collegium of senior judges of the Supreme Court. The 9 Judge judgments also provided that an appointment made without consulting the Collegium was challengeable and could be struck down in a judicial proceeding. The memorandum of procedure lay down by the law ministry also made it abundantly clear that in such matters the Chief Justice must consult the Collegium of senior judges, as well as those other judges who have come from the same High Court in which the proposed appointment is to be made. Thus, Justice Ashok Kumar's appointment was clearly contrary to the Constitution, and the law laid down by the Supreme Court itself. Though Justice Ashok Kumar's confirmation as a permanent judge was challenged by senior advocates of the Supreme Court, unfortunately the court has upheld his confirmation on the basis of very dubious reasoning. While the Court berated the previous Chief Justices for having given extensions to Justice Ashok Kumar as additional judge for political considerations, it found nothing wrong with his confirmation, despite the fact that it was done without consulting the Collegium and after his integrity was found doubtful by the previous Collegium of judges when it had considered the matter. Moreover, nothing had changed subsequently to cast any doubt on the finding of the previous Collegium. Thus the Supreme Court, missed the opportunity to judicially correct the administrative illegality in confirming a judge whose integrity had been found to be doubtful, and that too without consulting the Collegium of senior judges of the Court. Such judicial behaviour of the Supreme Court only confirms the growing public perception that the recent crisis of credibility and integrity of the higher courts is largely a result of improper appointments due to extraneous considerations which are facilitated by the totally nontransparent manner in which judges are selected and appointed.

3. Arundhati Roy’s CaseThe facts were these: After the judgment of the Supreme Court in the Narmada Dam case, there was a public protest outside the Supreme Court in which Medha Patkar (the leader of the anti-Dam movement in India) and Arundhati Roy participated. A couple oflawyers (probably on the hint of the Court itself) filed a contempt petition against Patkar, Roy and Mr. Prashant Bhushan alleging that we had raised abusive slogans against the Court. The lawyers’ contempt application, apart from being in grotesque language, also contained palpably absurd allegations that Roy and Patkar (who can hardly be considered rowdies) manhandled the burly lawyers. Roy, in her reply to the court notice said: “For the Court to have issued notice on such a ridiculous petition to three persons who have been vocal in their criticism of the Court shows a disquieting inclination on the part of the Court to muzzle dissent and stifle criticism”. Though he discharged the first notice, the same judge (Justice G.B. Patnaik) who had issued the first notice, issued a second contempt notice, this time to Roy alone for daring to berate the court in this manner. They eventually held her guilty of contempt and sent her to jail with Justice Patnaik sitting as a Judge in his own cause

4. The Case Of Justice Soumitra SenJustice Sen has been recommended to be removed by impeachment by the Chief Justice of India, for the offence of misappropriating funds received by him as a court receiver and thereafter for giving false explanations to the High Court. The Chief Justice made this recommendation after a report of a committee of three Judges, who after carefully examining the facts came to the conclusion that he had committed several acts of serious misconduct. Though these acts of misconduct were the subject matter of proceedings pending against him in the Calcutta High Court, yet he came to be appointed during that time, due to the lack of transparency in the matter of appointments. Though the report of the judges committee was submitted a year ago, and the Chief Justice’s recommendation for the removal by impeachment of Justice Sen was made five months ago, the government has not made any attempt to proceed with his impeachment. This is despite the fact that the government has proposed a bill to amend the Judges Enquiry Act by which this very procedure for initiating impeachment proceedings is being sought to be given statutory status. The inaction of the government in Justice Sen’s matter displays the complete lack of seriousness on the part of the government in enforcing judicial accountability. In these circumstances, the Campaign for Judicial Accountability and Reforms has prepared an impeachment motion against Justice Sen and is sending it to all the political parties with the request that they should have it signed by their MPs so that it could be presented to the Chairman of Rajya Sabha for proceeding with his impeachment.

5. Case Of Justice Ashwini Kumar MataThe problems created by the lack of transparency in the appointment of judges is exemplified by the presently proposed appointment of Mr. Ashwini Kumar Mata who has recently been recommended for appointment as Judge to the Delhi High Court. Mr. Mata has recently purchased one floor of a house in Safdarjang Enclave from a builder who had an agreement with the owner of the plot that he would construct the building and hand over three floors to the owner. The remaining two floors would remain with him which he could sell only after handing over possession of the three floors to the owner. Despite the fact, that the builder had not completed the construction of the building and not handed over the possession of the floors belonging to the owner to him, Shri Mata entered into an agreement for purchasing one of the floors which was to go to the builder from him. Shri Mata thereafter used his agreement with the builder to seek mutation (getting his name recorded as owner) of that floor in his name. In his application, he attached a copy of his agreement with the builder, containing the forged signatures of the owner, Mr Joshi. When this was discovered by Mr. Joshi, he made a complaint to the police regarding the forgery. Eventually, at the instance of a magistrate, an FIR came to be registered and an investigation began into this forgery. The act of forgery became clearer when Mr. Mata filed a different version of the same agreement in arbitration proceedings which he had initiated. In this version of the agreement, the signatures of the owner were not there. These facts were learnt only after the recommendation for the appointment of Shri Mata had already been sent to the Law Ministry by the Collegium of the High Court. Thereafter a representation was sent to the collegiums in the High Courtand the Supreme Court. Mr. Mata responded to the representation and said that the criminal investigation by the police had exonerated him. The police report had been given hurriedly after the representation, without even waiting for the forensic examination of the forged signatures, and is dishonest. Thereafter another representation was sent to the Supreme Court and the High Courtcollegiums detailing the misconduct of Mr.Mata and pointing out why it is not possible for the signatures of the owner to have been forged without Mr. Mata’s knowledge and consent. We have pointed out in our representation that even if it is not certain that Mr. Mata participated in the forgery of his agreement with the builder, it is better to err on the side of caution by not appointing him, instead of being faced with a situation as that with regard to Justice Soumitra Sen of the Calcutta High Court.

(G) Judicial Accountability Bill ApprovedThe Judicial Standards and Accountability Bill will set judicial standards and make judges accountable for their lapses. It will also mandate that judges of the high courts and the Supreme Court declare their assets and liabilities, including those of their spouses and dependants. The Union Cabinet has approved the draft Judicial Standards and Accountability Bill, 2010 that provides for setting up a five-member oversight committee to deal with complaints against members of the higher judiciary. Official sources said judges would also be required to declare their assets and file an annual return of assets and liabilities. All these details will be put up on the websites of the Supreme Court and high courts. It will further require judges not to have close ties with any member of the Bar, especially those who practise in the same court. “The enactment of the Bill will address the growing concerns regarding the need to ensure greater accountability of the higher judiciary by bringing in more transparency, and will further strengthen the credibility and independence of the judiciary,” Information and Broadcasting Minister Ambika Soni told reporters after a meeting of the Union Cabinet. The proposed oversight committee will be headed by a former chief justice of India and include the attorney general, a Supreme Court judge, a chief justice of a high court and an eminent person nominated by the President.Oversight committeeThe Bill to replace the Judges Inquiry Act retains its basic features, contemplates setting up of a national oversight committee, to be headed by a former Chief Justice of India, with which the public can lodge complaints against erring judges, including the Chief Justice of India and the Chief Justices of the High Courts. At present, there is no legal mechanism for dealing with complaints against judges, who are governed by ‘Restatement of Values of Judicial Life,' adopted by the judiciary as a code of conduct without any statutory sanction.

The five-member committee to be appointed by the President will have a serving judge of the Supreme Court and a serving High Courtjudge, both nominated by the Chief Justice of India; the Attorney-General; and an eminent person nominated by the President.Scrutiny panelsOn receiving a complaint, the committee will forward it to a system of scrutiny panels. In the case of a complaint against a Supreme Court judge, the scrutiny panel will consist of a former Chief Justice of India and two sitting Supreme Court judges, and in the case of a complaint against a High Courtjudge, the panel will have a former Chief Justice of the High Courtand two of its sitting judges. The members of the Supreme Court panel will be nominated by the Chief Justice of India, and that of the High Courtpanels by the Chief Justice of the High Courtconcerned. The scrutiny panels will have the powers of a civil court. For instance, they can call for witnesses and evidence. They will be required to give their report within three months to the oversight committee. In the case of a complaint against a Chief Justice, the oversight committee itself will conduct the scrutiny. On receiving the report from the scrutiny panels, the oversight committee will set up a committee to further investigate the case. Like the scrutiny panels, the investigation committee will have the powers of a civil court; it will have the power to frame definite charges. If the charges are not proved, the investigation committee can dismiss the case. Otherwise, it will give a report to the oversight committee, which can issue an advisory or warning or recommend minor punishment if the charges are not too serious. If the charges are serious, the committee can request the judge concerned to resign. If the judge does not do so, the oversight committee will forward the case to the President with an advisory for his removal. The Bill mandates that judges should not have close association with individual members of the Bar and not allow any member of their immediate family to appear before them in courts. Judges should not contest any election to any office of club, society or other association, except those associated with the law or any court. Further, they should not have any bias in judicial work or judgments on the basis of religion, race, caste, sex or place of birth.

(H) ConclusionCorruption in the judiciary is hardly a new phenomenon, though it has certainly increased over the years. It is worthwhile however to examine the reasons for the sudden spate of exposures of judicial corruption. Having enjoyed enormous powers, including the power of contempt, without any accountability, the higher judiciary has over the years, tread on the toes of many persons and institutions, particularly the media. Not wanting to suffer criticism, the judiciary has used its power of contempt to stifle criticism. More than 50 editors, publishers and journalists have been issued contempt notices by the Karnataka High Courtfor having written stories about a judicial sex scandal, reportedly involving three judges of the High Court. Small wonder then, that the media is enjoying every bit of the juicy judicial scandals that have exploded. That there has been corruption in the judiciary for many years One reason why judges have been treated as demigods in this country is because of the power of contempt wielded by them. This is a jurisdiction in which a judge against whom an allegation has been made can himself act as the complainant, prosecutor and judge. The judge can even refuse to allow the maker of the allegation to prove its truth. The very existence of this power has been enough to silence the media and inhibit them from exposing judicial misbehavior or corruption. The amendment recently moved in Parliament to make truth a defense in a contempt action is not an adequate safeguard for the citizens and the press. As the case involving the journalists who wrote about the Karnataka sex scandal shows, though the allegation may be made bona fide and on a reasonable basis, it may not always be possible to prove its truth. This could be because the witnesses are won over or the evidence disappears for some other reason.

Preamble to the Constitutionsays-“ We, the people of India having solemnly resolved……….to secure to all its citizens:

JUSTICE: social, economical and political

LIBERTY of thought….

EQUALITY of….

FRATERNITY….”

“There is a higher court than the court of justice and that is the court of conscience It super cedes all other courts. ”

Eye Donation : Both EYES of Nagaraja M R , Editor , S.O.S- e – clarion of Dalit & S.O.S-e-Voice for Justice are donated to Mysore Eye Bank , Mysore , In case of either Unnatural death or Natural Death at the hands of criminal nexus , my eyes must be handed over to Mysore Eye Bank , Mysore WITHIN 6 Hours for immediate eye transplantation to the needy.

I ,NAGARAJA.M.R. hereby do declare that information given above are true to the best of my knowledge & belief. If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , death due to improper medical care , etc , the jurisdictional police , revenue officials , District Magistrate & Chief Justice of India together with above mentioned accused public servants will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective.

If I or my family members or my dependents are denied our fundamental rights , human rights , denied proper medical care for ourselves , If anything untoward like hit & run cases , murder attempts , unnatural deaths , etc happens to me or to my dependents or to my family members - In such case Chief Justice of India together with the jurisdictional revenue & police officials will be responsible for it , in such case the government of india is liable to pay Rs. TWO crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. Afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty police officials , guilty Judges , guilty public servants & guilty Constitutional fuctionaries.

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

To ,Hon'ble The Chief Justice of India and His Lordship's CompanionJustices of the Supreme Court of India. The Humble petition of thePetitioner above named.

MOST RESPECTFULLY SHOWETH :

1. Facts of the case:"Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves forpower and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.

2. As a result of fighting for public causes , public good I have individually sufferred numerous injustices and still sufferring injustices. My newspaper publication was illegally closed down , my web news paper not given with press accredition , my job oppurtunities in RBI Note press , PES Engineering college , NIE Engineering college , Mysore district court , etc snatched away illegally , I was beaten up , attempts on my life were made even after bringing threats to my life were brought to notice of supreme court of india. See how duty duty conscious our supreme court judges are ? all these sufferrings for public causes I have raised & to silence me.

Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.

Read the actual case details at following web pages involving judges & police in crimes. The criminal network , corruption net work , MAFIA of Judges & Police is strong , whenever one of their members is accussed , others white wash , bury the case in the name of investigation. Transparent , impartial investigation as in the case of common man is not at all done.

We respect the honest few in judiciary , police & public service. Those honest few are also becoming parties to crime by becoming silent , by not doing their duties , by not arresting their corrupt colleagues. Their by they are covering up crime & aiding criminals to commit more crimes.

Due to these type of corrupt judges & corrupt police innocents, commoners land in jails and some are even hanged for crimes not commited by them , while the rich crooks roam free.

The corrupt judges & corrupt police are shameless people , parasites in our society. They take tens of thousands of rupees monthly salary & perks from our money , tax payer’s money and still don’t do their duties properly. The judges give sermons , judgements running into hundreds of pages when their own folk is in the dock , caught for crimes they intentionally fall silent. The police use filthy language , use 3rd degree torture against commoners , innocents when their own folk is in the dock , caught for crimes , dacoity they don’t use filthy language nor they use 3rd degree torture . Even in fit cases where alleged Judges & Police can be given death sentence , they are spared , why ?

Please don’t send police again to my home neither refer my case to police. They don’t have practical powers to inquire high & mighty judges. They will come to my home , call me to police station , will take a statement from me & will close the file by sending it to head quarters. This has happened previously number of times. If you are honest in intent , Please constitute an impartial , transparent empowered Inquiry committee to deal this case.

The judges , police & public servants intentionally delay taking action in cases and withhold giving information in time , so that evidences are buried in time , gets destroyed and time lapse occurs resulting in the case becoming time barred. Some of PILs submitted by us are 20 years old concerning national security and I was also eligible for free legal aid at the time of application - still the judges & police didn’t take appropriate action however they shamelessly took thousands of rupees salary , perks from our money. Till date no justice in sight instead more injustices meted out to me as a result of this crusade. THESE INCAPABLE JUDGES & POLICE ARE UNFIT FOR THE POSITIONS THEY OCCUPY , IF THEY CANN’T PROVIDE JUSTICE ATLEAST GIVE ME MERCY DEATH.

I ,NAGARAJA.M.R. hereby do declare that information given above are true to the best of my knowledge & belief. If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits , rich crooks , criminals even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , death due to improper medical care , etc , the jurisdictional police together with above mentioned accussed public servants will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective.

If I or my family members or my dependents are denied our fundamental rights , human rights , denied proper medical care for ourselves , If anything untoward happens to me or to my dependents or to my family members - In such case Chief Justice of India together with the jurisdictional revenue & police officials will be responsible for it , in such case the government of india is liable to pay Rs. TWO crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. Afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty police officials , Judges , public servants & Constitutional fuctionaries.

The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none ofthem were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , commonmen & see howcareless our judges are towards anti national crimes , crimes worth crores of rupees. That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.

PRAYER:In the above premises, it is prayed that this Hon'ble Court may be pleased:

a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

c. To legally prosecute the public servants who are responsible for not giving press accreditation to my web news papers , myself as a journalist and responsible for closure of my news papers.

d. To legally prosecute authorities of M/s RPG Cables Ltd , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.

e. To legally prosecute authorities of M/s PES College of Engineering , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.

f. To legally prosecute authorities of M/s National Institute of Engineering , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.

h. To legally prosecute authorities of Mysore District Courts & Bangalore District Courts , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.

m. To legally prosecute authorities of supreme court of india for not answering show cause notice issued to them and order them to answer the show cause notice as well as RTI questions given to them by the petitioner.

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

To ,Hon'ble The Chief Justice of India and His Lordship's CompanionJustices of the Supreme Court of India. The Humble petition of thePetitioner above named.

MOST RESPECTFULLY SHOWETH :

1. Facts of the case:"Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves forpower and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.

2. As a result of fighting for public causes , public good I have individually sufferred numerous injustices and still sufferring injustices. My newspaper publication was illegally closed down , my web news paper not given with press accredition , my job oppurtunities in RBI Note press , PES Engineering college , NIE Engineering college , Mysore district court , etc snatched away illegally , I was beaten up , attempts on my life were made even after bringing threats to my life were brought to notice of supreme court of india. See how duty duty conscious our supreme court judges are ? all these sufferrings for public causes I have raised & to silence me.

Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.

The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none ofthem were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , commonmen & see howcareless our judges are towards anti national crimes , crimes worth crores of rupees. That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.

PRAYER:In the above premises, it is prayed that this Hon'ble Court may be pleased:

a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

c. To legally prosecute the public servants who are responsible for not giving press accreditation to my web news papers , myself as a journalist and responsible for closure of my news papers.

d. To legally prosecute authorities of M/s RPG Cables Ltd , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.

e. To legally prosecute authorities of M/s PES College of Engineering , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.

f. To legally prosecute authorities of M/s National Institute of Engineering , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.

h. To legally prosecute authorities of Mysore District Courts & Bangalore District Courts , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.

m. To legally prosecute authorities of supreme court of india for not answering show cause notice issued to them and order them to answer the show cause notice as well as RTI questions given to them by the petitioner.

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

To ,Hon'ble The Chief Justice of India and His Lordship's CompanionJustices of the Supreme Court of India. The Humble petition of thePetitioner above named.

MOST RESPECTFULLY SHOWETH :1. Facts of the case:"Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves forpower and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.

3. I have given certain details to authorities including judiciary , SCI regarding land , lake encroachments in mysore when encroachment was at preliminary stage. The authories cold have stopped it , but they didn,t. Now , the hinkal lake , hebbal lake , hootagalli lake & BEML Quarters lake have been encroached to maximum extent and criminals have made crores of rupees profit.

4. Government authorities has not given title deeds to tribals living in forest since centuries , government authorities has not given title deeds to landless people , dalits who are cultivating on government land since decades.

5. Government authorities , police immediately evict , take suo motto action when a poor family , nomadic family just erects a hutment on government land. The same public servants , police don’t take action when a rich crook palatial bungalow , business complex on government land , lake bed. Cann’t they see it. , they can but are hands in glove with looters.

6. even some of the judges don’t take action when appeal for justice is made to them , to evict encroachers , to stop encroachment. It may be quid pro quo arrangement with crooks. See how many judges have benefitted from government discretionery quota allotment of sites , illegal judicial layout , etc.

7. The land encroachers are not poor people below poverty line , they don’t even have ability to build a pucca house. Encroachers are rich crooks , greedy individuals with political connection. So they don’t deserve compassion.

8. Now , government of karnataka is trying to legalise illegalities in buildings , land encroachments , which gives a booster dose to criminals to commit more crimes.

9. As per equitable law if present land encroachments are legalized , in future too government must legalize future land encroachments when ever it takes place.

11. Now , as per equity who ever have been evicted from encroachments , who’s illegal buildings demolished must get compensation from government. If not all encroachers must be evicted & illegal buildings must be demolished.

2. Question(s) of Law:

Is robbing another’s property right , legal ? is robbing land , lake – a public property for private , individual use right ?

Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.

The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none ofthem were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , commonmen & see howcareless our judges are towards anti national crimes , crimes worth crores of rupees. That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.

PRAYER:In the above premises, it is prayed that this Hon'ble Court may be pleased:

a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants , Government of Karnataka authorities in the following cases to perform their duties & to answer the questions.b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

To ,Hon'ble The Chief Justice of India and His Lordship's CompanionJustices of the Supreme Court of India. The Humble petition of thePetitioner above named.

MOST RESPECTFULLY SHOWETH :1. Facts of the case:

"Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves forpower and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.

We have utmost heartfelt respects to honest few in judiciary , police & public service. We SALUTE them. Our effort here is to bring errant judges , police & public servants to book.

Democracy is relatively best form of governance, compared to monarchy , communism , dictatorship. The founding pillar of democracy is honesty & integrity of public servants. When criminals become public servants , indulges in corrupt , criminal practices democracy fails. Such corrupt public servants , corrupt judges , corrupt police are inside enemies , traitors and cause more damage to national security than terrorists , naxalites or enemy armies. Which court dares to hang such corrupt judges , corrupt police ?

Law Regarding death sentence is right , problem lies in it’s interpretation & enforcement . some of our corrupt judges , corrupt police , public servants have biased view. In india , legal system can be manipulated , evidences concocted , witnesses coerced , false confessions taken under third degree torture methods , judgement / match fixing is done. Read full details with actual cases …… A – Z of Manipulation of Indian Legal System

There is every possibility of innocent persons belonging to weaker , vulnerable sections of society , who cann’t defend themselves getting irreversible death sentence. Even if a death sentence is proved to be wrong afterwards , judges cann’t bring them back to life. Judges are NOT Gods. That is why , Judges please don’t play GOD. Please go through following actual cases fit for death sentences , but with biased view & under the patronage of powers that be escaped gallows.

2. Question(s) of Law:Why death sentence to few , while not for others even though they deserve it ? Why there is a bias in awarding death sentence ?

B. Why not death sentence to those responsible for burning Sabarmati express train passengers ? biased law enforcement.

C. Why not death sentence for those master minds & tools responsible for godhra riots ? why not gujarath state government appealed to higher court seeking death sentence to perpetrators of godhra riots ? biased law enforcement.

D. Why not death sentence to those responsible for murdering RTI activists , whistle blowers ? biased law enforcement.

F. Why not death sentence to those responsible for Bombay riots prior to Bombay bomb blasts ? in some cases state government , prosecution even withdrew cases against rioters , filed “B” reports closing the cases, in some cases prosecution failed to properly present witnesses , evidences before court and in some cases failed to appeal to higher courts. biased law enforcement.

G. Why not death sentence to those responsible for sikh massacre in delhi after assassination of PM Indira Gandhi ? in some cases state government , prosecution even withdrew cases against rioters , filed “B” reports closing the cases , in some cases prosecution failed to properly present witnesses , evidences before court and in some cases failed to appeal to higher courts.. biased law enforcement.

H. Why not death sentence to both master minds & tools of late PM Rajiv Gandhi assassination case ? biased law enforcement.

I. Why not death sentence to STF police personnel who ran a place called “workshop” in MM Hills , Karnataka. STF Police personnel during operation to nab forest brigand veerappan applied very cruel, inhuman 3rd degree torture methods on tribals , innocents to extract false confessions at this place called workshop. Some innocents died unable to bear the torture by police. This cruel act was proved before statutorily constituted human rights commission judge , still no death sentence to STF Police personnel , why ? biased law enforcement.

N. Universal Law , Indian law proclaims terrorism , aiding & abetting terrorism a crime. Why does the Indian government agencies aids & abets counter terrorist groups in jammu Kashmir , north east states of india ? why state government & Indian government supports , aids SALWA JUDUM a counter terrorist , anti naxalite outfit which is jointly responsible for terrorism in chattisgarh state ? why tamilnadu state government & Indian government aided tamil terrorists in srilanka ? why Indian government is aiding terror outfits in afghanistan & Pakistan ? why indian government supported terrorists in east Pakistan , ultimately creating Pakistan ? all these dastardly , cruel acts of indian government has resulted in bloodshed , still resulting in loss of numerous innocent lives. Why don’t Indian government mind it’s own business ? india has enough domestic problems to solve , why don’t the government use tax payer’s money to solve domestic problems instead of interfering in other’s affairs resulting in bloodshed ? why NOT Death Sentence to prime minister of india & president of india at those times responsible for authorizing aid to terrorists ? biased law enforcement.

O. Late Mr.Warren Anderson was in control of Bhopal United Carbide plant , through internal safety checks & 3rd party audits he was privy to glaring safety lapses on part of union carbide management. Still he chose to keep mum , which resulted in Bhopal gas tragedy killing thousands of innocents , maiming lakhs of human beings & still even new born babies in the locality are contracting ailments. Courtesy Mr.Anderson. Such a butcher Anderson was arrested by local police under man slaughter charges , produced before court. However ministers , government officials of both state & central governments without orders , permission from the court illegally got him out of jail arranged a special car , special aeroplane for the culprit to escape from law. Years afterwards , a CJI of supreme court of india diluted the man slaughter charges against Mr.Anderson. Why no death sentence to Anderson responsible for death & sufferings of lakhs of people ? why no deth sentence to chief minister , minister , police , officials who helped Anderson escape from Indian law ? why no death sentence to CJI who diluted charges against Anderson ? biased law enforcement.

In the backdrop of above cases , the fact is our legal system is imperfect , error prone. Therefore , it must become professional , perfect in it’s duty first , to punish all the wrong doers. Till , such a time death penalty must be kept on hold or abolished. If it cann’t , at the least it can give choice of death to convicts like death by sleeping pill or injection or gun shot , etc instead of medieval hanging.

Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.

The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none ofthem were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , common men & see how careless our judges are towards anti national crimes , crimes worth crores of rupees. That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.

PRAYER:In the above premises, it is prayed that this Hon'ble Court may be pleased:a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

c . to abolish death penalty or to give choice of death to convicts.

d . To legally prosecute authorities of supreme court of india for not answering show cause notice issued to them and order them to answer the show cause notice as well as RTI questions given to them by the petitioner.

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

To ,Hon'ble The Chief Justice of India and His Lordship's CompanionJustices of the Supreme Court of India. The Humble petition of thePetitioner above named.

MOST RESPECTFULLY SHOWETH :1. Facts of the case:"Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves forpower and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.

3. For a common man it is a herculean task to get Rs.5000 loan from a bank , but rich & connected get lakhs , crores of rupees loan quite easily from banks , how ?

4. When a common man , farmer defaults to pay loan of few thousands of rupees bank immediately dispatches loan recovery agents / Rowdies , seizes his property & auctions and recover their dues to last penny. Farmers are committing suicide unable to pay loans to escape from ignominy .

5. Huge companies get crores of rupees loan from banks eventhough basically the project report itself is at fault , not viable. Siphons off company resources by insider trading to their sister concerns although bank representatives are very much their on the board of companies.

6 . Such companies default on loan dues to bank , but no recovery agents / rowdies are sent by banks. Finally the company becomes bust.

7. Bank looses money , the company is declared as NON PERFORMING ASSET and government + bank waives off interest or else loan itself.

8. End looser the public whose money went down the drain , profiteers – company promoters , executives and bank manager. No recovery from their personal , family properties why ?

2. Question(s) of Law:

Is it right for banks , government to let out fraudsters without criminal prosecution ?

Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.

The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none ofthem were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , commonmen & see howcareless our judges are towards anti national crimes , crimes worth crores of rupees. That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.

PRAYER:In the above premises, it is prayed that this Hon'ble Court may be pleased:

a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants , RBI authorities in the following cases to perform their duties & to answer the questions.b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

To ,Hon'ble The Chief Justice of India and His Lordship's CompanionJustices of the Supreme Court of India. The Humble petition of thePetitioner above named.

MOST RESPECTFULLY SHOWETH :1. Facts of the case:"Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves forpower and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.

2. Eventhough , I have repeatedly appealed years ago to union home ministry & supreme court of india , to permit me to appear before Honourable Jain commission of Enquiry probing late PM Rajiv Gandhi assassination case as well as before honourable Supreme Court of India as an amicus curie to shed light on case , parallel investigation needed , I was not permitted.

3. Now , the Investigating Officer ( IO ) who probed the case himself is crying foul.

4. This amounts to cover-up of crimes & shielding of master minds of Rajiv assassination case by supreme court of india.

2. Question(s) of Law:Who master minded the assassination of Late Prime Minister Rajiv Gandhi assassination. When there is no justice to the family of former prime minister , what is the fate of commoners ?

The CBI & GOI is more interested in favoring accused persons , Quattrochi & closing BOFORS Case than punishing the guilty.The GOI & investigating authorities have failed to punish the real master minds behind the Late Prime minister Shri . Rajiv Gandhi assassination case .When a responsible Indian citizen volunteered to appear before the supreme court of india as an amicus curie , to give certain information before the court relating to this assassination , he was not at all permitted. Instead he was threatened , attempts made to murder him , his news paper was closed , his jobs were illegally snatched away , police & investigating agencies repeatedly grilled him , THE PURPOSE IS TO SILENCE THAT PERSON . The Police failed to act upon his complaints. The Supreme Court of India Failed to admit his PIL Petitions. ALL TO COVER UP THE POWERS THAT BE .who are covering-up late p.m. rajiv gandhi assassination case? who are those conspirators? who are trying to silence me?My sufferings began hand in hand with my crusade. I have raised various issues of social concern from time to time at the appropriate levels, one of those is LATE P.M. RAJIV GANDHI ASASSINATION CASE. where-in only the tools of the conspirator’s were punished where as the conspirators are roaming free. i have raised this topic of inequity , travesty of justice and sought a fair, proper enquiry& trial , at various forums. but to no avail.the conspirators were disturbed by this and tried to silence me by threatening me, physically assaulting me and even made attempts to murder me. they prevented me from appearing before the JAIN COMMISSION OF ENQUIRY. they even manipulated the recruitment systems to deny me the appointments in R.B.I.CURRENCY NOTE PRESS MYSORE, P.E.S. COLLEGE OF ENGINEERING MANDYA, N.I.E MYSORE , District Court Mysore & Illegally snatched away my job in RPG Cables Ltd , Mysore . they even tried to silence me by forcibly closing down my newspaper publications THE TESTUDO & VOICE OF CRUSADER.my appeals for justice resulted only in police enquiries. the central intelligence bureau(I.B.) state intelligence & state police personnel enquired me exhaustively number of times, but they never did enquire the powers that be. any way these people don’t have practical powers to enquire such people. the highest constitutional functionaries who can order a proper enquiry, trial are keeping mum inspite of repeated appeals. probably they are acting under the directions of conspirators. thereby they are not only covering up the crime, they are actively sponsoring terrorism , but are also violating my fundamental/human rights & obstructing me from performing my fundamental duties as a citizen of india.

Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.

The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none ofthem were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , commonmen & see howcareless our judges are towards anti national crimes , crimes worth crores of rupees. That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.

PRAYER:In the above premises, it is prayed that this Hon'ble Court may be pleased:a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

c. To legally prosecute the public servants who are responsible for not giving press accreditation to my web news papers , myself as a journalist and responsible for closure of my news papers.

d. To legally prosecute authorities of M/s RPG Cables Ltd , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.

e. To legally prosecute authorities of M/s PES College of Engineering , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.

f. To legally prosecute authorities of M/s National Institute of Engineering , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.

h. To legally prosecute authorities of Mysore District Courts & Bangalore District Courts , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.

m. To legally prosecute authorities of supreme court of india for not answering show cause notice issued to them and order them to answer the show cause notice as well as RTI questions given to them by the petitioner.

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

To ,Hon'ble The Chief Justice of India and His Lordship's CompanionJustices of the Supreme Court of India. The Humble petition of thePetitioner above named.

MOST RESPECTFULLY SHOWETH :1. Facts of the case:"Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves forpower and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.

2. Eventhough , certain PIJF companies were previously found to be involved in illegal practices , CPIO of DOT / BSNL is hiding information . Thereby , he is trying to shield criminals.

3. By this action CPIO of DOT / BSNL is aiding criminals.

2. Question(s) of Law:DOT / BSNL has paid crores of rupees to PIJF Telecable manufacturers towards purchase of cables. The money is from public exchequer , people’s money . That public money is swindled by cable manufacturers with tacit support of DOT / BSNL officials. Why no prosecution of DOT / BSNL officials & cable manufacturers ? are they above law ?

Private companies in their greed for money are violating norms in league with public officials. They have caused loss to the public exchequer.

Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.

The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none ofthem were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , commonmen & see howcareless our judges are towards anti national crimes , crimes worth crores of rupees. That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.

PRAYER:In the above premises, it is prayed that this Hon'ble Court may be pleased:(i) Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.(ii) to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

To ,Hon'ble The Chief Justice of India and His Lordship's CompanionJustices of the Supreme Court of India. The Humble petition of thePetitioner above named.

MOST RESPECTFULLY SHOWETH :1. Facts of the case:"Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves forpower and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.

2. Eventhough certain food products are banned & certain medicines are banned in developed nations , still they are permitted to be manufactured & sold in india.

3. Eventhough certain food products & medicines are manufactured within stipulated limits of ingredients in developed nations , the multinational companies cross those limits in india.

2. Question(s) of Law:Are the lives of millions of Indians cheaper , dispensable ? Are the lives of Indians cheaper than the lives of white skinned people in developed nations.

4. Averment:Multinational companies , private companies in their greed for money are violating norms by established international bodies and making money by slowly killing people , by their fake food products & fake medicines. Our own corrupt central government & state government public servants are giving licenses , clearances to those companies to carry on their illegal businesses. Who will bear the cost of loss of lives , damages to health of gullible public , hapless Indians ?

Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.

The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none ofthem were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , commonmen & see howcareless our judges are towards anti national crimes , crimes worth crores of rupees. That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.

PRAYER:In the above premises, it is prayed that this Hon'ble Court may be pleased:(i) Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following casesto perform their duties & to answer the questions.(ii) to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.

APPEAL UNDER SEC 19 (3) OF RTI ACT 2005 OF GOVERNMENT OF INDIA & GOVERNMENT OF KARNATAKA

FULL NAME OF THE APPLICANT : NAGARAJA.M.R.

ADDRESS OF THE APPLICANT : NAGARAJA.M.R.,

EDITOR , SOS E-VOICE JUSTICE & SOS E-CLARION OF DALIT ,

# LIG-2 / 761, OPP WATER WORKS OFFICE,

HUDCO FIRST STAGE, LAXMIKANTANAGAR,

HEBBAL, MYSORE , KARNATAKA PIN – 570017.

"Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt people’s representatives , police , public servants & Judges. Some of the below mentioned DOT officials fall among the category of churchill’s men – Rogues , Rascals & Freebooters. To my previous RTI requests & appeals they tried covering – up crores worth SCAM by transferring application from one to the other at the end by denying information to me, Does not the DOT possess information with respect to tenders given by it to suppliers. Is it not the duty of DOT QUALITY Circle to monitor the supplies from suppliers ? Then who has got it ? why don’t you transfer the RTI application to that authority or ask for information from them ?

We salute honest few in public service , our whole hearted respects to them. HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS – WHICH IN ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT BY ME. HERE WITH I AM SEEKING NOT THE OPINIONS ABOUT SOME HYPOTHETICAL ISSUES , BUT YOUR OFFICIAL STAND , LEGAL STAND ON ISSUES WHICH ARE OF FREQUENT OCCURRENCE WHICH ARE VIOLATING PEOPLE’S FUNDAMENTAL RIGHTS & HUMAN RIGHTS. WE DO HAVE HIGHEST RESPECTS FOR JUDICIARY & ALL PUBLIC INSTITUTIONS , THIS IS AN APPEAL FOR TRUTH , INFORMATION SO THAT TO APPREHEND CORRUPT FEW IN PUBLIC SERVICE, WHO ARE AIDING & ABETTING TERRORISM , UNDERWORLD & CRIMINALS.

M/s Karnataka Telecables Ltd , Mysore renamed as M/s RPG Telecom Ltd again renamed as M/s RPG Cables Ltd once again renamed as M/s KEC International , Mysore used to manufacture PIJF & OFC telecables and supplied it to department of telecommunications , government of india , Indian Railways and GAIL , PGCIL of Ministry of Petroleum . DOT used to pay hundreds of crores of rupees from public exchequer to buy these cables . There is also one more company by name M/s Concepta Cables Ltd , Mysore belonging to the same industrial group supplying PIJF & OFC telecables to DOT. As a public , as a citizen of india and as a tax payer I want to know whether those crores of rupees from public exchequer are well spent.

1. How many times the above said companies were blacklisted by DOT , Supreme Court of India and other quasi judicial bodies , casewise ?

2. What action taken by DOT & judicial bodies against the above companies , casewise ?

3. How many cable kms of cable supplied by above companies , were rejected by DOT from the field yearwise , since 1986 ?

4. Did the above companies replace all the cables rejected by DOT & make good all the losses , yearwise ?

5. If not , why ?

6. What action taken by DOT , casewise ?

7. How many cable kms of cables supplied by above companies were accepted on deviation by DOT yearwise ? on what basis ?

8. Has the DOT authorised usage of recycled materials in the manufacture of cables ?

16. How may rejections / adverse reports , deviations found in the supplies made by above companies by DOT / BSNL Quality Circle ?

17. What action taken against BSNL / DOT officials who are trying to cover-up the scam inspite of my repeated appeals & RTI requests ?

YEAR TO WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 1995-2015 .

PUBLIC INFORMATION OFFICER WHO FAILED TO GIVE INFORMATION :

CPIO , BSNL HQ , New Delhi.

FEES PAID : IPO 16G 733463 for rupees TWENTY only

DATE : 28.03.2015 ……………..………………………NAGARAJA.M.R.

PLACE : MYSORE , INDIA….. ……………………….( APPLICANT)

RTI APPEAL TO RBI

To ,

RTI Appellate Authority ,

O/O Honourable Governor ,

Reserve Bank of India ,

Central Office Building , Shahid Bhagat Singh Marg ,

Mumbai – 400 001

APPEAL UNDER SEC 19 (3) OF RTI ACT 2005 OF GOVERNMENT OF INDIA & GOVERNMENT OF KARNATAKA

FULL NAME OF THE APPLICANT : NAGARAJA.M.R.

ADDRESS OF THE APPLICANT : NAGARAJA.M.R.,

EDITOR , SOS E-VOICE JUSTICE & SOS E-CLARION OF DALIT ,

# LIG-2 / 761, OPP WATER WORKS OFFICE,

HUDCO FIRST STAGE, LAXMIKANTANAGAR,

HEBBAL, MYSORE , KARNATAKA PIN – 570017.

"Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt people’s representatives , police , RBI Officials , public servants & Judges. Some of the below mentioned public servants fall among the category of churchill’s men – Rogues , Rascals & Freebooters. RBI Officials are denying me information under one pretext or the other and covering-up SCAM worth crores of rupees.

We salute honest few in public service , our whole hearted respects to them. HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS – WHICH IN ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT BY ME. HERE WITH I AM SEEKING NOT THE OPINIONS ABOUT SOME HYPOTHETICAL ISSUES , BUT YOUR OFFICIAL STAND , LEGAL STAND ON ISSUES WHICH ARE OF FREQUENT OCCURRENCE WHICH ARE VIOLATING PEOPLE’S FUNDAMENTAL RIGHTS & HUMAN RIGHTS. WE DO HAVE HIGHEST RESPECTS FOR JUDICIARY & ALL PUBLIC INSTITUTIONS , THIS IS AN APPEAL FOR TRUTH , INFORMATION SO THAT TO APPREHEND CORRUPT FEW IN PUBLIC SERVICE, WHO ARE AIDING & ABETTING TERRORISM , UNDERWORLD & CRIMINALS.

HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS - WHICH IN ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT BY ME. WITH RESPECT TO CASE NO old CC34 / 1989 & NEW NO SC436/1991 AT 21ST ADDITIONAL CITY CIVIL & SESSIONS COURT BANGALORE

2. This crime came to light only due to anonymous phone calls of goodSamaritans to authorities , but not due to your inspection . is yourinspection division working properly ?

3. why there is no security check up of officers during entry & exitout of premises ?

4. why there is no individual weighment , individual statement ofvalue of bags of reissuable notes & bags of note meant for destruction, after sorting is done, why they are not tallied with total weight ,value of notes issued for sorting ?

5. Immediately after noticing the crime, why did not you transfer allthe employees of those sections ?

6. why did not you take steps to preserve3 & protect respectivedocuments relating to such high profile crime ?

12. those left out probables from the charge sheet might have causedthe destruction of evidences / records. During the course of domesticenquiry / court proceedings , it has been recorded that some recordshave been destroyed. Are not CBI & RBI responsible for destruction ofevidences , aiding true criminals get away ?

13. in normal times , what is the period specified in RBI regulationsfor preserving old documents / records ?

14. after noticing such a high profile crime the RBI must have takenutmost care to preserve such old records for indefinite time , forproducing before courts of law as & when demanded. But it didn't ,why ?

15. does not this point to connivance of higher authorities of RBI ,with the criminals ?

17. RBI authorities have stated that court proceedings & domesticenquiry are independent of each other & are not binding on oneanother. However RBI authorities straight away took on record ofdomestic enquiry the court statements , evidences , but didn't honourthe order of same court of law ? why this double standard by RBI ?

18. The alleged crime was committed in 1977-79, but charge sheet wasframed in mid 1985 , why this long delay ?

19. didn't this facilitate the masterminds of crime to destroy ,manipulate evidences ?

20. as stated before court , indeed some records , 22nd currency notepacket were missing , who is responsible for it ?

22. is it not due to inefficiency , negligence of duty by such highranking managers , that such a crime occurred in RBI Bangalore ?

23. what disciplinary action RBI has taken against the inefficient ,negligent higher officials ?

24. whatever internal rules an organization makes must be within theline of law. If such internal laws of the organization are violativeof law , fundamental rights of employees , such internal rules becomeillegal. Are not the way of RBI disciplinary proceedings illegal ?

25. as per RBI pension regulations 1990 , RBI has the right to deductany loss caused to the bank , from the pension of RBI employee if themisconduct of employee is proved in judicial proceedings . even thoughmr.G.Hariram came out clean from the court , why RBI has denied hispension ?

27. even if an employee's misconduct causing loss to the bank isproved , before denying him pension (towards making up loss to thebank) , previous sanction of the central board of RBI must be taken.But in mr.G.Hariram's case , pension was denied in full without takingprevious sanction of the central board of RBI , is it not illegal ?

28. RBI alleged that mr..G.Hariram caused loss to the tune of Rs.14000to the bank & recovered it from his provident fund dues. There wasnothing left over to recover , still RBI completely denied pension tomr.G.Hariram , why ?

29. ideally, domestic enquiry findings / disciplinary actions shouldbe completed first , then the employee can appeal to appropriate courtof law. In mr.G.Hariram's case , CBI & RBI failed to prove the chargesin court of law , as a result court discharged him from the charges.To cover-up it's failures RBI management dragged domestic enquiry muchbeyond court orders date & gave findings indicting mr..G.Hariram. doesthe enquiry officer of domestic enquiry think that he is over & abovethe court of law ? is it not illegal & contempt of court ?

47. is it not true that you failed to produce all records showinginternal inspection / audits , during domestic enquiry & courtproceedings ?

48. your expert mr.vijendra rao has stated that some seal marks aresmudged , he has stated some seal marks appears to be so & so. He hasclearly nowhere stated that this seal mark is exactly this , so hehimself is not 100% sure ?

49. your expert nowhere said that 100% sure this seal mark is this ,on that day this seal was issued to mr.G.Hariram , isn't it ?

50. your expert says during 1975 , he didn't notice3 any fraud.However approver says fraud was there before mid 1977 also. Why noaction has been taken ?

64. you don't have any internal statuotary records to prove thatmr.G.Hariram worked in those departments , except a currency officer'soffice note dated just on the eve of charge sheet years after thealleged crime ? does it not prove that this note has been concoctedjust to fix mr.G.Hariram ?

65. where as you have records of other officials attendance in thosedepartments , but not charge sheeted them why ?

66. three officers of staff grade A daily work in three sections out of 40 officers , why you have picked up only mr.G.Hariram , out of 1095 working days , he has worked for only 223 days in thosesections , still those officers who worked for more days in thosesections are not charge sheeted why ? the approver , the managementexpert witness , shift registers , V2 registers , Destructioncertificates , Form CD 55 , etc , nobody , no records were able to sayon what date , at what stage , by whom crime took place , also theywere unable to say on what date at what stage crime was committed bymr.G.Hariram ? is it not futile imagination , cunning ploy of RBIhigher authorities to fix innocent Mr.G.Hariram ?

67. the management expert witnesses said , the most probable place ofcrime is punching / Cancelled Note Vault , incinerator , where assttreasurers were joint custodians . they were not enquired & let offwhy ?

68. the charge sheet alleges extraction / substitution ofdefaced note packets. Where as the management expert witness saysubstitution of defaced notes only ? is not there difference betweenloss of one number of note & 100 number of notes ?

69. as per the normal course of duty , staff officers does notcount notes in each bundles , but they just count the number ofbundles only. Is not there chances of inserted note bundles or bundlescontaining less number of notes going unnoticed ? is it not thefailure of statuotary system of work practices ?

70. does not all these prove higher authorities of RBI & CBIwere hell bent to fix mr.G.Hariram & to shield the originalcriminals ?

Questions with respect to other cases :

71. how do you monitor the work of bank officials nominated asdirectors of companies which have availed bank loans ?

72. how do you monitor the work of companies , in which bankshave invested ?

73. how do you monitor the rapid wealth growth of certain bankofficials , who work in shares investment / equity funds section ,etc ?

74. inspite of project reports by bank officials , overassessment of collateral securites / value of debtor companies by bankofficials , the loans become NPAs & full value cann't be realized inthe market by selling off the assets of debtor companies also. In suchcases , what action is taken against erring bank officials who colludewith criminal industrialists for availing higher amount of loan thanpermissible ?

75. give bankwise specific figures of NPAs.

76. give names of industrial groups / promoters whosecompanies have become NPAs , so that public can be aware of them ,before investing in new companies promoted by them.

79. if your method of employing rowdies to collect loans of Rs.10000 from commoners is right , what would you do to a promoter of adebtor company to recover loans of crores of rupees , supari killing ?but debtors of crores of rupees is let off coolly by banks , why ?

80. what is the exact amount of loss caused to the exchequerby karim lala telgi who printed fake stamp papers ?

81. what action has been taken against those involved ?

82. have you taken action against all those mentioned by telgiduring narco analysis test , if not why ? is it because they arepowerful & bigwigs ?

APPEAL UNDER SEC 19 (3) OF RTI ACT 2005 OF GOVERNMENT OF INDIA & GOVERNMENT OF KARNATAKA

FULL NAME OF THE APPLICANT : NAGARAJA.M.R.

ADDRESS OF THE APPLICANT : NAGARAJA.M.R.,

EDITOR , SOS E-VOICE JUSTICE & SOS E-CLARION OF DALIT ,

# LIG-2 / 761, OPP WATER WORKS OFFICE,

HUDCO FIRST STAGE, LAXMIKANTANAGAR,

HEBBAL, MYSORE , KARNATAKA PIN – 570017.

Please go through the some of actual criminal cases of land grabbings enclosed herewith.

"Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt people’s representatives , police , public servants & Judges. Some of the below mentioned officials fall among the category of churchill’s men – Rogues , Rascals & Freebooters. To my previous RTI requests & appeals they tried covering – up crores worth SCAM by transferring application from one to the other at the end by denying information to me, Does not the Revenue department possess information ?

We salute honest few in public service , our whole hearted respects to them. HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS – WHICH IN ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT BY ME. HERE WITH I AM SEEKING NOT THE OPINIONS ABOUT SOME HYPOTHETICAL ISSUES , BUT YOUR OFFICIAL STAND , LEGAL STAND ON ISSUES WHICH ARE OF FREQUENT OCCURRENCE WHICH ARE VIOLATING PEOPLE’S FUNDAMENTAL RIGHTS & HUMAN RIGHTS. WE DO HAVE HIGHEST RESPECTS FOR JUDICIARY & ALL PUBLIC INSTITUTIONS , THIS IS AN APPEAL FOR TRUTH , INFORMATION SO THAT TO APPREHEND CORRUPT FEW IN PUBLIC SERVICE, WHO ARE AIDING & ABETTING TERRORISM , UNDERWORLD & CRIMINALS. I HAVE SHOWN IN DETAIL WITH LIVE , ACTUAL CASES , EXAMPLES , HOW INDIAN LEGAL SYSTEM IS MANIPULATED BY CRIMINALS WITHIN JUDICIARY , POLICE , PROSECUTION , ETC. READ DETAILS AT :

1. The land encroachments & illegal buildings and it’s continued existence since years is not possible without tacit , covert support of jurisdictional revenue officials. What disciplinary action has been taken against concerned officials with respect to each case of land encroachment & illegal buildings , case wise ?

2. If not , why ?

3. Is not “land AKRAMA SAKRAMA SCHEME” itself illegal ?

4. Is not the move of government of Karnataka to legalise land encroachments & illegal buildings , in itself illegal ?

5. Till date in some cases of land encroachers are evicted & some buildings violating building byelaws demolished , you could have spared them to enjoy the benefit of land akrama sakrama scheme. Why you didn’t spare them ?

6. Is this scheme applicable for only chosen few ?

7. Does this scheme also benefit rich people above BPL ?

8. Does this scheme also benefit big land developers , land developing companies ?

9. To my previous RTI appeals to MUDA , BDA only partial information was given , conveniently hiding the truth. Is it not violation of RTI act ?

10. Does not hiding information about land crimes , in itself also a crime ?

11. I have shown in detail some land crimes in Karnataka. What action by government of Karnataka , casewise ?

1. how many times since 1987 , MUDA / MCC / GOVERNMENT has revised / modified the mysore city's comprehensive city development plan ?

2. how many cases of CDP violations were registered by MUDA / MCC / GOVERNMENT since 1987 till date ?

3. how many cases of CDP violations were legalized in the CDP revision / modification by the authorities ?

4. when an application for alienation of land is made to you , say from civic amenity site to commercial , what norms are followed by MUDA / MCC / GOVERNMENT ?

5. how do you provide alternate civic amenity site in the locality , if the area is already full ? do you deprive people of civic amenities ?

6. during such alenation , is the MUDA / MCC / GOVERNMENT collecting market rate difference between civic amenity site & commercial site ? if not why ?

7. in mysore city , many building complexes , buildings have been built fully violating building bye-laws – no set off , no parking space , no emergency fire exit , no earthquake tolerant . what action by MUDA / MCC / GOVERNMENT ?

8. how many cases of building bye-laws violations has been registered by MUDA / MCC / GOVERNMENT since 1987 ? what is the action status report yearwise ?

10. has the MUDA / MCC / GOVERNMENT registered criminal cases against each such illegal occupation ? if not why ? provide status report yearwise ?

11. in how many cases of such illegal occupation MUDA / MCC / GOVERNMENT has legalized , regularized such illegal occupation just through MUDA's / MCC's resolution instead of of reallotting the same through public notification to the next senior most in the waiting list , after giving notice of allotment cancellation to original allottee ? if not done so why ?

12. has the MUDA / MCC / GOVERNMENT followed all legal norms in reallotment of lands , sites , houses , etc to the illegal occupiers ? what is the procedure followed ?

13. in mysore city , numerous housing societies & real estate Developers have mushroomed , Land allotments of how many housing societies , real estate firms among them are legally authorized by MUDA , MCC , GOVERNMENT & how many not ? since 1987 till date ?

16. the government has framed building bye-laws like width of road , space for civic amenities , parking space , emergency fire exit , etc keeping high in the mind safety of people first. MUDA / MCC / GOVERNMENT is in the practice of levying a pittance as penalty on the building byelaw violators , layout Development plan violators & legalizing thoseviolations. Safety of public & amenities of public are totally neglected by MUDA / MCC / GOVERNMENT . When public people die , suffer injuries / accidents – say during a fire tragedy in a complex due to lack of fire exit , when people park vehicles on pavement in front of a business complex as the complex doesn't have a parking space of it's own , the pedestrians going that way are forced to come down on road resulting in accidents , injuries & deaths . is not the MUDA / MCC / GOVERNMENT responsible for those accidents , injuries & deaths ?

26. is the MUDA / MCC / GOVERNMENT giving market value to land loosers ?

27. is the MUDA / MCC / GOVERNMENT exactly using the acquired lands , for the same purpose mentioned in the project plan ?

28. is the MUDA / AUTHORITIES acquiring lands at lower rates from farmers & selling it at a premium , by way making profits just like a real estate agency ?

29. in villages , there are cattle grazing grounds meant for the usage of whole villagers, forest for the usage of whole village , lands belonging to village temples. Some villagers have donated their personal lands to village temples , cattle grazing for the benefit of whole villagers. All the villagers are stake holders , owners of such lands. When MUDA / MCC /GOVERNMENT acquires such lands to whom does it pay compensation ? what about welfare objectives of those lands ?

30. till date , how many lakes , ponds , how many feeder canals have been closed , filled with mud , developed , sold as sites , etc by MUDA MCC or other land developers ?

31. has the MUDA , MCC taken alternate steps to create new lakes , ponds ? how many are created till date ?

32. in & around mysore city , high tension electric lines are there in busy residential areas . as per Indian electricity act , no permanent structures should be under the HT lines. However there are buildings under it. In some places , HT lines runs in the middle of the road. The authorities Have developed those areas beneath HT lines as parks , rented outadvertisement spaces & built permanent fencing of those areas spending lakhs of taxpayer's money. This fencing obstructs the movement of service personnel of electricity board , to service HT line. Are all these structures under& surrounding HT lines legal ?

33. till date how many burial grounds are acquired & sold as sites by MUDA / MCC / GOVERNMENT or other developers ? specific figures yearwise since 1987 castewise , religionwise ?

34. in & around mysore city , in how many areas developed by MUDA & private developers , the sewage water generated in those areas is directly let into lake , ponds ?

37. how many unauthorized housing layouts are there in & around mysore city ? what action by MUDA / MCC / GOVERNMENT against them ? action taken report yearwise since 1987 till date .

38. around mysore city , vast areas of village farm lands , agricultural lands are acquired by private real estate developers for non agricultural purposes by a single firm or single owner. Are these actions legal ? some of these real estate agents have sold those lands to private industries , multinational companies for crores of rupees. Has the MUDA / MCC /GOVERNMENT given alienation of land ie conversion from agricultural to industrial usage. Has KIADB given consent to it ?

39. can a single individual / firm can purchase such vast tracts of agricultural lands , is it legal ? is it within the KIADB'scomprehensive industrial area development plan ?

40. has the MUDA / MCC , KIADB given wide publicity , public notice calling for objections before alienation of such lands ?

41. are all those alienations , strictly in conformance to MUDA's / MCC's CDP & KIADB's industrial area development plan ? violations how many ?

43.what action has been taken based on mysore district magistrate mr.T.M.Vijaya Bhaskar's report on land grabbings in mysore ?44.in mysore city , hebbal-hootagalli industrial area , a lake has been destroyed while building kaynes hotel , hinkal lake is shrinking , lake in front of BEML Quarters has been alloted to M/S THRILLER CLOTHING CO, are all these actions legal & in conformance to MUDA's CDP ? if not why ? what action ?

45. while auctioning off the lands of sick industrial unit M/S IDEAL JAWA LTD , was there any pre-qualification to bidders that after purchase of lands only it must be used for industrial use or only industries can participate in the bidding process ?

46.why not it has been clearly mentioned in the tender document that , said land is open for alienation ?

47. about this issue , our publication has even raised it's objections , in it's newspaper . no action , why ? as a result , the government , banks , employees were cheated off their dues & the private firm made huge profits. is this auction & alienation legal ?

48.numerous NGO's , trusts promoted by religious bodies , mutts are allotted prime lands at preferrential rates , for the reason that they will use it for public / social welfare. however many of the trusts are using the whole or part of the land for commercial purposes other than the stated public / social welfare purpose. what action has been taken by MUDA , MCC or government in such cases ?

49.how many trusts have violated government norms in this way since 1987 till date? what action taken by MUDA , MCC & government action taken report yearwise since 1987 till date ?

50.how many such illegalities / violations by trusts are regularized by MUDA , MCC or authorities , on what legal grounds ? ATR since 1987 till date ?

51.before regularizing such violations have you sought public objections & given media publicity ? if not why ?

52.how you are monitoring the net wealth growth of some MUDA / MCC / REVENUE officials & their family members , who have land acquisition / denotifying , land usage conversion authorities ?

53.how many trusts , NGOs are allotted prime residential / commercial lands by MUDA / MCC / GOVERNMENT on lease basis , in turn the said trusts , NGOs have sulet it either partly or wholly to others ?

54.how many such lease allotments are sold by MUDA / MCC / GOVERNMENT before the expiry of lease period , without public auction ?

55. what are the norms followed by MUDA / MCC / GOVERNMENT for the sale of leased lands to the lessee before the expiry of lease period ?

1. how many times since 1987 , BDA / BBMNP / KIADB / GOVERNMENT has revised / modified the Bangalore city's comprehensive city development plan ?

2. how many cases of CDP violations were registered by BDA / BBMNP / KIADB / GOVERNMENT since 1987 till date ?

3. how many cases of CDP violations were legalized in the CDP revision / modification by the authorities ?

4. when an application for alienation of land is made to you , say from civic amenity site to commercial , what norms are followed by BDA / BBMNP / KIADB / GOVERNMENT?

5. how do you provide alternate civic amenity site in the locality , if the area is already full ? do you deprive people of civic amenities ?

6. during such alenation , is the BDA / BBMNP / KIADB / GOVERNMENT collecting market rate difference between civic amenity site & commercial site ? if not why ?

7. in bangalore city , many building complexes , buildings have been built fully violating building bye-laws – no set off , no parking space , no emergency fire exit , no earthquake tolerant . what action by BDA / BBMNP / KIADB / GOVERNMENT?

8. how many cases of building bye-laws violations has been registered by BDA / BBMNP / KIADB / GOVERNMENT since 1987 ? what is the action status report yearwise ?

11. in how many cases of such illegal occupation BDA / BBMNP / KIADB / GOVERNMENT has legalized , regularized such illegal occupation just through BDA / BBMNP / KIADB / GOVERNMENT ` s resolution instead of of re-allotting the same through public notification to the next senior most in the waiting list , after giving notice of allotment cancellation to original allottee ? if not done so why ?

12. has the BDA / BBMNP / KIADB / GOVERNMENT followed all legal norms in reallotment of lands , sites , houses , etc to the illegal occupiers ? what is the procedure followed ?

13. in bangalore city , numerous housing societies & real estate Developers have mushroomed , Land allotments of how many housing societies , real estate firms among them are legally authorized by BDA / BBMNP / KIADB / GOVERNMENT & how many not ? since 1987 till date ?

16. the government has framed building bye-laws like width of road , space for civic amenities , parking space , emergency fire exit , etc keeping high in the mind safety of people first. BDA / BBMNP / KIADB / GOVERNMENT is in the practice of levying a pittance as penalty on the building byelaw violators , layout Development plan violators & legalizing those violations. Safety of public & amenities of public are totally neglected by BDA / BBMNP / KIADB / GOVERNMENT. When public people die , suffer injuries / accidents – say during a fire tragedy in a complex due to lack of fire exit , when people park vehicles on pavement in front of a business complex as the complex doesn't have a parking space of it's own , the pedestrians going that way are forced to come down on road resulting in accidents , injuries & deaths . is not the BDA / BBMNP / KIADB / GOVERNMENT responsible for those accidents , injuries & deaths ?

27. is the BDA / BBMNP / KIADB / GOVERNMENT exactly using the acquired lands , for the same purpose mentioned in the project plan ?

28. is the BDA / BBMNP / KIADB / GOVERNMENT acquiring lands at lower rates from farmers & selling it at a premium , by way making profits just like a real estate agency ?

29. in villages , there are cattle grazing grounds meant for the usage of whole villagers, forest for the usage of whole village , lands belonging to village temples. Some villagers have donated their personal lands to village temples , cattle grazing for the benefit of whole villagers. All the villagers are stake holders , owners of such lands. When BDA / BBMNP / KIADB / GOVERNMENT acquires such lands to whom does it pay compensation ? what about welfare objectives of those lands ?

30. till date , how many lakes , ponds , how many feeder canals have been closed , filled with mud , developed , sold as sites , etc by BDA / BBMNP / KIADB / GOVERNMENT or other land developers ?

31. has the BDA / BBMNP / KIADB / GOVERNMENT taken alternate steps to create new lakes , ponds ? how many are created till date ?

32. in & around bangalore city , high tension electric lines are there in busy residential areas . as per Indian electricity act , no permanent structures should be under the HT lines. However there are buildings under it. In some places , HT lines runs in the middle of the road. The authorities Have developed those areas beneath HT lines as parks , rented out advertisement spaces & built permanent fencing of those areas spending lakhs of taxpayer's money. This fencing obstructs the movement of service personnel of electricity board , to service HT line. Are all these structures under & surrounding HT lines legal ?

37. how many unauthorized housing layouts are there in & around bangalore city ? what action by BDA / BBMNP / KIADB / GOVERNMENT against them ? action taken report yearwise since 1987 till date .

38. around bangalore city , vast areas of village farm lands , agricultural lands are acquired by private real estate developers for non agricultural purposes by a single firm or single owner. Are these actions legal ? some of these real estate agents have sold those lands to private industries , multinational companies for crores of rupees. Has the BDA / BBMNP / KIADB / GOVERNMENT given alienation of land ie conversion from agricultural to industrial usage. Has KIADB given consent to it ?

39. can a single individual / firm can purchase such vast tracts of agricultural lands , is it legal ? is it within the KIADB's comprehensive industrial area development plan ?

40. has the BDA / BBMNP / KIADB / GOVERNMENT given wide publicity , public notice calling for objections before alienation of such lands ?

41. are all those alienations , strictly in conformance to BDA / BBMNP / KIADB / GOVERNMENT's industrial area development plan ? violations how many ?

43.what action has been taken based on mysore district magistrate mr.T.M.Vijaya Bhaskar's report on land grabbings in mysore ?44.in mysore city , hebbal-hootagalli industrial area , a lake has been destroyed while building kaynes hotel , hinkal lake is shrinking , lake in front of BEML Quarters has been alloted to M/S THRILLER CLOTHING CO, are all these actions legal & in conformance to MUDA's CDP ? if not why ? what action ?

45. while auctioning off the lands of sick industrial unit M/S IDEAL JAWA LTD , was there any pre-qualification to bidders that after purchase of lands only it must be used for industrial use or only industries can participate in the bidding process ?

46.why not it has been clearly mentioned in the tender document that , said land is open for alienation ?

47. about this issue , our publication has even raised it's objections , in it's newspaper . no action , why ? as a result , the government , banks , employees were cheated off their dues & the private firm made huge profits. is this auction & alienation legal ?

48.numerous NGO's , trusts promoted by religious bodies , mutts are allotted prime lands at preferrential rates , for the reason that they will use it for public / social welfare. however many of the trusts are using the whole or part of the land for commercial purposes other than the stated public / social welfare purpose. what action has been taken by BDA / BBMNP / KIADB / GOVERNMENT in such cases ?

49.how many trusts have violated government norms in this way since 1987 till date? what action taken by BDA / BBMNP / KIADB / GOVERNMENT action taken report yearwise since 1987 till date ?

51.before regularizing such violations have you sought public objections & given media publicity ? if not why ?

52.how you are monitoring the net wealth growth of some BDA / BBMNP / KIADB / GOVERNMENT officials & their family members , who have land acquisition / denotifying , land usage conversion authorities ?

53.how many trusts , NGOs are allotted prime residential / commercial lands by BDA / BBMNP / KIADB / GOVERNMENT on lease basis , in turn the said trusts , NGOs have sulet it either partly or wholly to others ?

54.how many such lease allotments are sold by BDA / BBMNP / KIADB / GOVERNMENT before the expiry of lease period , without public auction ?

55. what are the norms followed by BDA / BBMNP / KIADB / GOVERNMENT for the sale of leased lands to the lessee before the expiry of lease period ?

56. what is the status of house allotted to sri.chandrashekariah vide BDA allotment letter no: 310/267/BDA/ADM/KMRSL(H)/78-79 dt 11/08/1978.

57. why BDA didn't file police complaint to evict encroachers?

58. why BDA didn't inform the descendents of original allottee about the cancellation of their allotment ?

59.what happened to the money deposited by original allottee?

60.is the action of BDA allotting the said house to an illegal encroacher just by the resolution of BDA committee legal ?

61. in case the BDA wished to re-allot the said house , first it must have informed the original allottee about cancellation of allotment allowing them sufficient time to reply with public notice in news papers , then they should have allotted the said house to the senior most in the waiting list. But BDA has just allotted the house to an illegal encroacher by the resolution of BDA committee. Is it legal ?

62. BDA officials gave half truths to my RTI request & stated that the said file concerning this issue cann't be found ie lost . is it legal ?

63. has the BDA filed police complaint regarding theft of file from the record room ? HONOURABLE COMMISSIONER OF BDA PLEASE REFER THE FOLLOWING ARTICLE.

I don’t know whether secretariat staff of CJI office & DARPG / DPG officials are forwarding my appeals for justice , e-mails to you or not. They will be held accountable for their lapses if any. This notice is against the repeated failure of constitutional duties & indirect collusion with criminals by previous CHIEF JUSTICEs OF INDIA. Notice is served against them , to the office of CJI , NOT personally against you. At the individual level I do whole heartedly respect Honourable Justice Shri H L DATTU.

Please refer my appeal for justice through DARPG ;

DLGLA/E/2013/00292

DEPOJ/E/2013/00679

In india democracy is a farce , freedom a mirage. the most basic freedom RIGHT TO INFORMATION & EXPRESSION , is not honoured by the government,as the information opens up the crimes of V.V.I.Ps & leads to their ill-gotten wealth. The public servants are least bothered about the lives of people or justice to them. these type of fat cats , parasites are a drain on the public exchequer . these people want ,wish me to see dead , wish to see HUMAN RIGHTS WATCH closed . so that, a voice against injustices is silenced forever , the crimes of V.V.I.Ps closed , buried forever.

To my numerous appeals , HRW’s appeals to you ,you have not yet replied. It clearly shows that you are least bothered about the lives of people or justice to them .it proves that you are hell bent to protect the criminals at any cost. you are just pressurising the police to enquire me ,to take my statement, to repeatedly call me to police station all with a view to silence me.all of you enjoy “legal immunity privileges” ,why don’t you have given powers to the police / investigating officer to summon all of you for enquiry ?or else why don’t all of you are not appearing before the police voluntarily for enquiry ?at the least why don’t all of you are not sending your statement about the case to the police either through legal counsel or through post? you are aiding criminals ,by denying me job oppurtunities in R.B.I CURRENCY NOTE PRESS mysore , city civil court ,bangalore , distict court , mysore ,etc & by illegally closing my newspaper.there is a gross, total mismatch between your actions and your oath of office. this amounts to public cheating & moral turpitude on your part.

1.you are making contempt of the very august office you hold.2.you are making contempt of the constitution of india.3.you are making contempt of citizens of india.4.you are sponsoring & aiding terorrism & organized crime.5.you are violating the fundamental & human rights of the citizens of india and of neighbouring countries.6.you are violating & making contempt of the U.N HUMAN RIGHTS CHARTER to which india is a signatory.7.you are obstructing me from performing my fundamental duties as a citizen of india.

8. As a result of your gross negligence of constitutional duties you have caused me damages / losses to the tune of RUPEES TWO CRORE ONLY.

you are hereby called upon to Pay damages to me and SHOW-CAUSE within 30 days , why you cann’t be legally prosecuted for the above mentioned crimes .

If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , etc , the jurisdictional police together with above mentioned accussed public servants , Chief Justice of India & Jurisdictional District Magistrate will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective.

if anything untoward happens to me or my dependents , the government of india is liable to pay Rs. TWO crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty judges , police officials , public servants & Constitutional fuctionaries. Thanking you. Jai Hind , Vande Mataram.